Full text of "A history of the family of Fortescue in all its branches"

See other formats

e. Jr. WATFPr*7'*7*

03.

A HISTORY OF

THE FAMILY OF FORTESCUE

Digitized by the Internet Archive

in 2014

https://archive.org/details/historyoffamilyoOOcler

THK FAMOUS AND PJCHT HONOURABLE

£>' I l\ 4 0 H N FO r(T E S CUE K N ! G H T,
LORD CHANCELLOR, OF ENGLAND
TO KING HENRY THE 3 IXTH.

cFrom Faith-ones -print of cav oricnnal portrait on wood ,
belonging to Sir John- Fortes cue Bar1 'of Salden ,A.D.lfi(>%.

A HISTORY OF

THE FAMILY OF FORTESCUE

IN ALL ITS BRANCHES.

THOMAS (FORTESCUE) LORD CLERMONT.

SECOND EDITION.

LONDON:

ELLIS AND WHITE,

29, NEW BOND STREET.
1880.

CH1SWICK PRESS :— C. WHITTINGIIAM AND CO. TOOKS COURT, CHANCERY LANE.

PREFACE TO THE FIRST EDITION.

HIS family hiftory is the refult of a defire felt by the Author,
when collecting the Works, and examining the career of
Chancellor Fortcfcue, to know fomething more than what the
Peerages record of the links which conned him by defcent with
that eminent perfon.

He had at firft no intention to inquire into the hiftory of any branch of the
Fortefcues, excepting that of which the Chancellor is a direct anceftor. In
fearching, however, for materials to carry this fcheme into effect much was
found which related to other branches of the houfe ; fcveral perfons of the
name who occur in the Chronicles or HitWies of England proving to be
lineal defcendants, not of the Chancellor, but of his brothers; while others were
traced to forefathers who formed part of the common flock at an earlier period.
The writer therefore having, as it were, drifted into this more general invefHga-
tion, refolved to include in his account all that could be difcovered relating to
any and every branch of the Fortefcuc family, not excluding thofe who remained
in Normandy after the Conqueft: of England.

His chief fource of information has been, in the nrft and principal place, the

Preface to the Firfi Edition.

Britim Mufeum, where a large part of the genealogical and biographical matter
has been drawn from the Herald's Vifitations, from the " Inquifitiones port
Mortem," and from collections of public and private letters.

The Record Office, whofe ftores of State Papers are now accemble for
reference through the printed Calendars, has alfo furnifhed many details of
intereft, as have the Carte Papers in the Bodleian Library; while for actual
genealogy bafed upon the records of birth, marriage, and death, the Pedigrees
and extracts from Parifh Regifters in " Stemmata Fortefcuana" drawn up in the
year 1795 by Mr. Benjamin Incledon, and now belonging to Earl Fortefcue who
kindly placed the MS. volume at the Author's difpofal, have been largely ufed,
together with the Wills at Doctors' Commons, and the Funeral Certificates at
the College of Arms.

In arranging the numerous items of this fubject, fpreading as it does over a
fpace of eight centuries, the Author has, among the great mafs of what is dry or
unimportant, met not unfrequently with incidents and details fufficient, when
read by the light of contemporary hiftory, to bring out tangibly, to his own per-
ception at leaft, fomething of the life and character of the perfon to whom they
refer ; and he trufts that by putting thofe incidents on record, and thus fupplying
to the dry bones of a fkeleton pedigree the flefh and fpirit of actors in fcenes,
hiftorical or focial, of real life, he may fucceed in imparting to his " Coulins "
near and diftant, — the only readers which a Work of this nature can be expected
to attract, — fome of the intereft in the fubject which he has himfelf acquired.

It has been his defire, by tracing the various branches of the Family to a
common anceftor, who lived at the time when the hiftory of Anglo-Norman
England may be faid to begin, to prefent it as an ideal whole, taking part through

Preface to the Firfi Edition.

one or more of its members, and to a greater or lefs extent, in the events of
almoft every period of the hiftory of our country ; not, indeed, with any fuch
prominence as to entitle it to a place among the powerful families of the land,
but fufficiently to (lamp it as a fair example of a knightly and noble Houfe of
England.

The Author has received afliftance from many quarters, as well from
members and connections of the Family as from others ; and his requefts for
information on particular points have always been courtcoufly anfwered, fome-
times at the coft, he fears, of confiderable trouble to thofe to whom he has
applied.

The names of thefe contributors need not be repeated here, as their fervices
are acknowledged in the pages of this volume. He mud, however, record the
valuable help received, for every part of this work, from Mr. Richard Sims, of the
Britifh Mufeum, whofc intimate knowledge of the MSS. and genealogical works
in the Library there has fupplied the Author with a great part of his materials.

CLERMONT.

35, Hill Street,

February bth, 1869.

PREFACE TO THE SECOND EDITION.

HE diftribution of a fmall edition of t His Family Hiftory,
privately printed in 1869, has lhown that there are perfons
beyond the range of family connexions who take an intereft
in fuch genealogical narratives as the prefent. I am confe-
quently encouraged to iiTue for publication a limited number of copies as a new
edition of the work.

A few additions have been made — the principal being a feries of letters from
Sir John Fortcfcuc, of Salden, Queen Elizabeth's Miniftcr, to Sir Robert Cecil
and other public men of the period, from the Hatfield collection, to which I lately
obtained accefs through the obliging courtefy of the Marquis of Salifbuiy.
A laft reading over of the beginning of the volume induces me to remind the
reader that the fo-called early hiftory of this family, like that of many others,
is really not hiftory at all, not being founded on documentary evidence, but
tradition — deferving of credit fo far only as it is not contradicted by probability
or hiftoric fadt. The " Domcfdav Hook " does not record, in any recognizable
form, an anccftor of the Fortefcucs among the perfons who received grants of
land from William the Conqueror. The reiidence, therefore, at Wimftone,

Preface to the Second Edition.

immediately after the Conqueft, of Adam Fortefcue, either as a tenant-in-chief
or as an under-tenant, mull not be unrefervedly accepted. If the Fortefcues
were there at all at that early time, it was probably in fome other capacity than
that which either of thofe tenures would imply.

I muft here renew my acknowledgments to Mr. Richard Sims for valuable
affiftance in almoft every inquiry connected with this new edition; and in par-
ticular for carefully editing the Norman Rent-roll now appended to the work.
After the printing of this volume was finifhed, I was favoured by Mr. Knight
Watfon, Secretary to the Society of Antiquaries, with a notice of a remarkable
{ketch communicated to the Society on the 21ft of December, 1769, by the
Honourable Daines Barrington, purporting to reprefent Chancellor Fortefcue in
his robes of office, bearing a bag with the Great Seal ; and I delire to exprefs
my obligation to that learned Body for allowing it to be lithographed for this
work. The hat, and the manner of wearing the beard, — more in accordance with
the fafhion of Elizabeth's reign than with that of Henry the Sixth, — feem to refer
to the later period the execution of the Iketch ; the chief intention of which
may have been to illuftrate a mode of carrying the Seal-bag.

CLERMONT.

35, Hill Street,

Augujl 19th, 1880.

CONTENTS OF THIS VOLUME.

REFACE to Firft Edition .
Preface to Second Edition
Lift of Sheets of Pedigrees
Lift of Illuftrations .
Introduction

Chapter

I. The Fortefcues of Wimftonc

II. The Fortefcues of Prcfton, and of the Second Line of Wood

III. The Fortefcues of Spridleftonc .....

IV. The Fortefcues of Cookhill and Whcatley

V. The Fortefcues of Fallapit, Second Line ....

VI. The Fortefcues of Norrcis and Wood, and the Fortefcues of Fallapit
VII. Chancellor Sir John Fortefcue .....

VIII. Chancellor Fortefcue's Declaration upon Certain Writings
IX. The Fortefcues of Filh igh or Caftlehill ....
X. The Fortefcues of Buckland-Filleigh ....
XL The Fortefcues of Dromifkin and Ravcnfdale .
XII. The Fortefcues of Punlborne and Falkborne .

XIII. The Fortefcues of Salden

XIV. The Fortefcues of Salden, continued
XV. The Fortefcues of Salden, continued

XVI. The Fortefcues of Normandy .
Appendix .......

Chartrier de Richart Fortefcu.
General Index.

Firft

Line

Page
v

xiii

3
9
l i

'5
27
44
50
106
126
148
169
234
2.15
312
417
448
483

SHEETS OF PEDIGREES

THIS

VOLUME.

Pam
Fam
Fam
Fam
Fam
Fam
Fam
Fam
Fam
Fam

Fam

AMILY of Wimrtone .
Family of Prefton
Family of Spridleftone
Family of Cookhill and Whcatlcy
Family of Fallapit, Second Line
ly of Wells-Fortefcue of Fallapit
ly of Wood, and of Fallapit, Firft Line
ly of Caftlchill ......

ly of Ruckland-Fillcigh
ly of Shebbear .....

ly of Inglett-Fortefcue of Ruckland-Fillcigh
ly of Dromifkin and Kavenfdale .
ly of Stcphenftown .....

ly of Whiterath

ly of Punfbornc and Falkbornc .
ly of Salden ......

To fa

Page

3
9
1 1

27
42
44
126
148
150
.67
169
210
212
234
254

FULL-PAGE ILLUSTRATIONS IN

THIS

VOLUME.

^^^^^^^J'hANCEI.LOR FORTESCUE, by Faithorne Fronti/piece.

Xfj /jpl^pPS^^ Signatures of Sir Nicholas Fortefcue and others .... To face 17

(wl l-lv^v! ^^f^S^ Edmund Fortefcue ......... ., 30

^StsA^^^^SKy Ebrington Manor Houfe .... „ 59

5vST~1<^(s ^^P'tfii^ Chancellor Fortefcue carrying the Seal-bag ..... „ 64

Signature of Chancellor Fortefcue ........... „ 73

Facfimile of MS. of " De Laudibus " „ 79

Ebrington Church .............. „ 84

Tomb of Chance llor Fortefcue ............ „ 91

Chancellor Fortefcue, from Bofworth Piclure ......... „ 94

Wear Giffard 1 26

Old Cattlehill Houfe 131

New Caftlehill Houfe 135

Second Earl Fortefcue ............. 1 38

Firfl Lord Fortefcue of Credan „ 14;,

Facfimile of Letter by Alexander Pope „ 15b

Buckland-Filleigh Houfe and Church . .......... „ 160

Right Honble. William Fortefcue ........... „ 166

Arthur, Firfl Lord Chichefler ,,174

Banner of Sir Faithful Fortefcue ........... „ 1 88

Facfimile of Letter of Sir Faithful Fortefcue ......... „ 194

Marchioneft of Lothian „ 205

Facfimile of Receipt by Sir Jofhua Reynolds ......... „ 207

Lord Carlingford ,,209

xvi

Full-page Illujl rat ions in

this Volume.

Page

Earl of Clermont To face , 2 1 1

The fame, on horfeback ............. ,,214

Countefs of Clermont ,,218

Ravenfdale Park Houfe . „ 222

Braffes in Falkborne Church ............ „ 250

Facfimile of Handwriting of Sir Adrian Fortefcue ........ „ 263

Sir Adrian Fortefcue ............. „ 273

Monument to Lady Fortefcue ............ ,,279

Sir John Fortefcue of Salden, engraved by Hunt . . . . . . . . „ 312

Salden Houfe ............... „ 326

Facfimile of Letter of Sir John Fortefcue of Salden ........ „ 367

Sir John Fortefcue of Salden, engraved by Zobel ........ „ 372

Monument to Sir John Fortefcue of Salden . . . . . . . . . „ 375

Monument to Sir Francis Fortefcue ........... ,,417

Map of the Cotentin ............. „ 449

Coats of Arms borne by the Fortefcue Family ......... „ 474

Facfimile of firft page of Norman Chartrier To face Cbartrier 1

Facfimile of folio 13 of fame .......... „ 12

WOODCUTS PRINTED WITH

THE

TEXT.

ALLAPIT HOUSE
Seal of Chancellor Fortefcuc
Buckland-Filleigh Church
Seal of Richart Fortefcu
Seal of Sir Faithful Fortefcue
Carifbrooke, Church, Iflc of Wight
Signature of Sir Adrian Fortefcue
Seal of the fame ......

Seal of Sir John Fortefcue of Saldcn .
Sir John Fortefcue of Salden, with Cecil and Popham
Brafs to Lady Fortefcue in Murl'eley Church
Coat of Arms of Thomas Fortefcue
Seal of Jehan Fortefcu, a.d. 1379
Seal of Jehan Fortefcu, a.d. 1388
Seal of Guillaumc Fortefcu, a.d. 1403
Seal of Pierre Fortefcu, a.d. 1419
Two Seals of Arms, a.d. 1403 and 1429
Signature of G. Fortefcu .
Clermont Lodge, Norfolk .

Page
28
72
149
172
'75
>97
271
271
334
358
376
4:4

457
459
461

463
476

On lajl page of Chartrit r
. On firj] page of twin.

CORRECTIONS FOR HISTORY OK THE FAMILY Ol- 1 OK 11 SCI h

Page io, line i,/or "North Melton" read" North Molton."
Page 42, line 13, for " died in I 783 " read 11 died in 1733."
Page 54, line 10, for ** Robert Corbet " read " Roger Corbet."
Page 137, line \~$,for " Granville " r<W " Grenville."
Page 148, line 15, for u William Farry " read" William Vacy."
Page 152, line 11, for *' born ill 1789"™^/" born in 1689."

Page 426, line 17, compared with page 429, line 15: — If the date of Sir Anthony Fortcfcue's
marriage is correct, that of the birth of his third fon George mull be wrong. See page 447 in Appendix.
Page 496, line I, for M fee page 474 " read ** fee page 47 1 ."

AN ACCOUNT OF THE FAMILY

OF FORTESCUE.

INTRODUCTION.

HE family of Fortcfcue, like many others of our ancient houfes, is of
Norman extraction, and claims to have been planted in England by a
companion or follower of William the Conqueror, known to the
pedigrees of all its branches as Sir Richard Le Fort, or Fort-Efcu. An
anceftor of this foldier of the invafion was, as we may fafely afTumc, one
of thofe Danifti or Norwegian fea rovers who fcarcely more than a century and a half before,
under the leaderfhip of Rolf, or Rollo, landed on the French coaft, and made themfelves
mafters of Rouen and the eaftern parts of the modern province of Normandy : and who,
thirty years later, after the defeat of a Breton prince, extended their territory as far to
the weft as the prefent boundary of Normandy and Brittany, driving the native inhabitants
into the latter province, and dividing among themfelves, to foldiers as well as to chiefs, the
vacant lands.

The double operation of conqueft and colonization was performed both thoroughly
and fpeedily ; for the diftrict, known afterwards as the Cotentin and the Berlin, became
within the fpace of a few years, although the kift annexed, one of the moft completely Nor-
malized, fo that, as the hiftorian tells us, it came to be reckoned as " the very Normandy of
Normandy." 1

Here the Danifh language and the heathen religion kept their ground until the clofe of
the tenth century, and here the rough knights and barons, proud of their Scandinavian blood,
which was purer than in the reft of the Duchy, and remarkable for their turbulent in-

Palgravc's Hiftory of Normandy and lingland, vol. ii. p. 178.

Introdu&ion.

dependence of the Rouen government, were accuftomed to go into battle crying for aid to
Thor, rather than to the God of their Chriftian fellow-countrymen. 1

It was chiefly in the northern part of this region, in what the Hiftorian of the Conqueft
ftyles "the noble peninfula of the Cotentin/'2 the cradle of Anglo-Norman families, that the
anceftors of the Fortefcues appear to have received their mares of the conquered territory.
It was there, at all events, that the firft mention of the name occurs, and it was there, within a
few leagues of the town of Carentan, that, as we learn from abundant documentary evidence,
the Fortefcues held many fiefs, and occupied many refidences from an early period.

The venerable and almoft uniform tradition relating to the origin of the name, and to
the eftablifhment of the family in Normandy and in England, is as follows. Richard,3 fur-
named Le Fort, a very ftrong man, a Norman knight, and cupbearer to the Duke of
Normandy, landed in England with his mafter in the year 1066, and fighting in the great
battle of Senlac or Haftings, faved the Duke, who had three horfes killed under him, from
the blows of his aflailants, protecting him with his (hield. In allufion to this deed of valour
Richard, before named Le Fort, under which name, as Fort orForz, he appears in Grafton's
and Holinfhed's copies of the Rolls of Battle Abbey, was thenceforward known as Richard
le Fort-Efcu, or the Strong Shield, "which furname," writes Holinfhed, "is deduced from
the ftrength of his fhield whereof that familie had firft originall." Afterwards, when the ufe
of mottoes was introduced, his defendants chofe one with reference to the fame event —
" Forte fcutum falus Ducum," that is, "A ftrong fhield the fafety of leaders."

The tradition further fays that after the Conqueft Richard Fort-Efcu returned to Nor-
mandy, where his defendants through a fecond fon flouriftied until the eighteenth century,
leaving behind in England his eldeft fon Sir Adam, who had alfo fought at Haftings, and
who was the anceftor of all the Englifti Fortefcues. Whether the incident on the battle-
field has any foundation in fad or not, we are probably juftified in confidering the name of
Le Fort rather as that of a family than as a cognomen acquired by the aforefaid Richard.
He may have been a foldier belonging to the family of Le Fort, well known within and near
the Cotentin in early times ; and an event fuch as that referred to by the motto may have
actually taken place under lefs remarkable circumftances, and may have fuggefted the two laft
fyllables of the new furname.

In whatever way the fact is to be accounted for, it is certainly true that within a century
and a half from the invafion of England, the name of Fortefcue is found exifting both in
Normandy and in Devonfhire, and that, being obvioufly not of local or territorial origin, it
can hardly have arifen otherwife than from fome fuch perfonal incident as that which tradition
has handed down to us.

1 Thierry, Conquete de l'Angleterre par les Normans, vol. i. p. 206, 272.

2 Freeman, Norman Conqueft, vol. i. 182, 2nd edition.

3 The French genealogifts make him Robert or William.

FAMILY OF WIMPSTONE, 1066 to 1631

Sir Richard Lf. Fort, temp. William the Conqueror.

Sir Adam Fortescue of Wimpftone.
I

Adam.
Adam.
William.

( l) Sir John of Wimpftone

, temp. Richard I. (2) Sir Richard, Knt. of St. John, living a.d. 1 199- (3-) Sir Nicholas, Knt. of St. John.

Sir Richard.
Adam (living a.d. 1302).
Adam.

Adam=|=Anne, dau. and co-heirefs of William de la Port.

(1) William (living a.d. 136o).=pAnne, dau. of Walter Strechleigh. (2) Richard. (3) Nicholas.

I ,

William (living 1394).:

William (living 1 4o6).=tElizabeth, d;

( 1 ) William of=j=MABEL, dau. and heirefs of (2) Sir John, of Shepham and=pELEAN0R, dau. and heirefs of

William Norreis, of Norreis.

Wimpftone.

John Falwell or Fowell. Norreis, Governor of Meaux in

France, a.d. 1420.

John of Wimpftone=pJoAN, dau. and heirefs of John Pruteston, See the Pedigrees of Wood, Fallapit, Caftlehill,

(living 1461).

or Preston. She died May 23, 1501.

Buckland-Filleigh, Punjborne, {Jc. {Jc.

I ' 1 ' ~ .

(1) John of Wimp-=j=IsABELLA, dau. of (2) William of=pELizABETH, dau. and co- (3) John of Spridle-=pALiCE, dau. of

ftonc, (ob. 1519).

Thomas Gibbs of Prutefton, ob.
Fenton. 1520.

heirefs of Richard
Champernoun.

ft one.

John Cook-
worthy.

r ii 1 *

(1) Thomas=pFlorence, d. and (2) John. (1) Joan.=i{i, TH0MAS=2nd, JoHN=3rd, Richard (2) Mar- See Prejlon See Spridle-

(ob. cir.
1 595).

heirefs of John
Bonvillf. of Com-
bcrleigh.

COTTEREL of PrIDF.AUX of TrOUBLEFIELD. GARF.T.

Washbourne. Orcharden.

Pedigree. Jlone Pedi-
gree.

11) Thomas=pCicely, d. (2) William=Catherine, (3) Henry (of^=JOAN. (1) Joan, mar. (2) Elizabeth, (3) Agnes, (5) Isabel, mar.

of Wimp-
ftone.

of Thomas of More -
Strode. leigh.

d. of John Wimpftone, af-
Walsh. ter his elder

brother), ob.

1587-

Walter Hele mar. John mar. Roger Anthony Ho-
of Hele in Barnhouse of Aysford of neychurch.
Cornwood (or Kingfton. Womwell.
William Hele).

Joan.=Edmond Babington of Wyke, Worcefterfhire. Thomas, ob. i6oo.=p

r 1

Edward of Wimpftone, died beyond fea, cir. 1631

John.

Chap. I.

The Forte/cues of Wimfione.

IR RICHARD FORTESCUE is fuppofed to have returned to Nor-
mandy before the divifion of the conquered lands in England, but his fon
Sir Adam received, we are told, grants of lands in Devonfhire and other
counties, and was feated at Wymondcftone or Wimfton, in the parifh of
Modbury and hundred of Ermyngton in South Devon, where he was in
due time fucceeded by his fon, alfo named Adam, who was followed by his fon, a third Adam,
who was the father of William,1 who had ifTue three fons, namely, Sir John, the eldeft, Sir
Richard, and Sir Nicholas, the fecond and third, which two younger fons were Knights of St.
John of Jerufalem, and went to the Crufades with Richard Cccur de Lion. Here we begin
to leave the period of tradition, and are henceforth affifted by contemporary documents, the
earlieft: being the record of an Aflize de Morte d'Anceftre of the year i i 99, in which the
aforefaid Richard Fortefcue, with William Baftard and others, are ordered to be attached
for non-appearance.2

We now proceed with Sir John Fortefcue of Wimftone, the eldeft fon of the laft Adam
Fortefcue.

In the tenth year of King John, a.d. 1209, a charter was obtained by him from
that king, granting or confirming in his pofleffion the lands of Wimftone.1 This deed
was known to Sir William Pole the great antiquarian and genealogift of Devonfhire, who
in the year 16 16, included it in a collection which he calls his "Great Volume of Charters; "
"a vaft manufcript volume," fays Prince, "as big as a Church Bible." Lord Fortefcue of
Credan alfo had a copy of it. It began thus : — " Rex Johannis, per literas fuas patentes,
anno decimo regni fui conceffet Johanni Fortcfcu Wimondefton in Com. Devon." 1 This
Sir John Fortefcue, who was a commander in the army raifed by Lord William de Brewer

1 See Pedigree in College of Arms.

■ Prince, p. 638, and Gregor's MS. Letters.

2 Palgrave's Kotuli Curia; Hegis, vol. ii. p. 201.
4 Prince, p. 383.

a Family of Wimfione.

againft the rebellious Devon/hire barons in the eighteenth year of King John, is faid to have
received from that king, in reward of his fervices, feveral manors, lands, privileges, and
honours.1

Wimftone, or Wimpftone, the firft feat of the Fortefcues in England, remained in the
family until the time of Queen Elizabeth.2 Weftcote, in his View of Devonmire, writing
before 1607, thus treats of it :— " It were blameworthy to leave Wimpfton, alias Wymond-
fham, which hath bred fo many worthy perfonages, unremembered. Wimpfton, the firft
feat of theclarous name of Fortefcue in this kingdom (which name, faith Mr. Hollenfhed, is
deduced from the ftrength of their fhield, wherof it took name ; as if you would fay (that I
might explain it), ' forte fcutum falus ducum,' his pofy).

" There have been many famous and excellent men of this ftirpe, both in arms and feat
of juftice, and feparated into divers places in this county and elfewhere. In moft of them
they flourifh in this age, as Wear-Giffard, Fillegh, Buckland-Fillegh, Fallopit, Wood,
Spurlefton, Prefton, and other. I will enlarge no farther — Wimpfton is lately alienated."

John Fortefcue was fucceeded by his fon, Sir Richard,3 whom we find granting lands
called Stoliford to Walter Faber of Modbury, in Devon. To him fucceeded Adam, who
was alive in the year 1302 ; for it was then ftated that he held Wymondfton by one knight's
fee of the honor of Tremeton, in Cornwall.4 He was followed by his fon, alfo Adam, who
in the following deed ftyles himfelf the fon of Adam Fortefcue : — " Sciant omnes, &c. &c.
Ego Adam filius Ada? Fortefcue dedi Henrico de Lopperigge feptem folidos annui redditus
quos Richardus filius Philippi Gretun folvere folebat pro tenemento fuo in Wymondfton,
&c. &c. Hiis Teftibus Domino Andrea Trelofk, milite, Petro de Prideaux, Thoma Boys
de Hele, et aliis.

" Dat' die Veneris prox' poft feftum Sancli Ambrofii,5 anno regni Regis Edwardi filii
Regis Henrici tricefimo."6

To this deed an oval feal is affixed, wherein was the badge of a ftar, and round the feal
"Sigillum Ada; Fortefcu."7

To him a third Adam was fon and heir, and fucceeded his father. This laft Adam
married Anne, daughter and co-heir to William Delaport of Old Port, in Devonfhire (the
ancient manfion of which family ft ill exifts, though now a farm-houfe),8 by whom he had
iflue three fons, William, Richard, and Nicholas.

Will iam the eldeft fon fucceeded ; he married Alice daughter of Walter Strechleigh ; and
he inherited through his mother, at the death of her father William Delaport above named,

1 Lodge, Peerage oflreland, vol. iii. 341.
3 Notitia: and Pedigrees.

6 April 4th, St. Ambrofe's Day.

7 Collins, iii. 336.

2 Weftcote's Devon, Exeter, 1845, p. 394.
4 Pole, MS. Charters, p. 428, in Collins.
6 Not. and Ped.

8 Collins, iii. 336, and Notitiae.

Family of Wimjlone. 5

and who was ftill alive in 1342, lands in the parifh of Holbeton1 in South Devon. In the
nineteenth year of King Edward III., a.d. 1346, at the making that king's eldeft fon the
Black Prince a knight, William de Fortefcu paid the ufual contribution for one knight's fee
in Wymondfton, which Adam de Fortefcu held of Tremeton.2

In the twenty-eighth of Edward III. (a.d. 1354) he is witnefs to a deed of Walter de
Strechleigh, who thereby enfeoffed his lands in Strechleigh, Forfan, Cokefland, Broke, Dun-
ftan, and Tamerton on his daughter the wife of the faid William Fortefcu.3

In 1360,* he, with Robert de Henton, has a grant from Richard Mauldit, commonly
called Somaifter, of lands and tenements in Old Port and Paynfton, dated at Old Port on
the Monday before the Feaft of St. Andrew, 34 Edward III.

This William,5 with his brother Nicholas Fortefcu, and Sir Walter Bluet, granted, by
deed dated at Orchefton, in the forty-third Edward III. (a.d. 1369), to Sir John Prideaux
all their rights in the manors of Orchefton, North Allington, fome in Tenhed, &c.

William de Fortefcu was fucceeded by William, his fon by Alice Strechleigh, and he, in
his mother's right, received in the year 1375 from William Coffin, a grant in reverfion after
the death of his grandfather Walter de Strechleigh, of all William Coffin's lands in Strech-
leigh, Forfan, Cokefland, Brooke, Brinton, Tamerton, and Donftan, &c. &c.8

In the next year ( 1 376 ),7 he, with Thomas Champernoun and Walter Strechleigh, grant
to William Yurie Vicar of Yalkhampton a yearly rent of 40/., to be paid out of their lands.
To this deed the feal of the Fortefcue family is annexed.

In January, 1378," the firft year of Richard II., William Fortefcu grants to Sir Philip
Courtenay and Sir Peter Courtenay all his lands and tenements in Old Port and Paynfton,
and in the next year u he, jointly with the two knights juft named, had a grant from Richard
Mauldit, or Somaifter, of lands in Smythcfton, Wimpell, and Thurveton.

This William was alive in the end of the year 1394. He was fucceeded by his fon
William, who had married, during his father's lifetime, Elizabeth Beauchamp daughter of
Sir John Beauchamp of Ryme in Dorfetfhire, grcat-grandfon of Robert de Bello Campo or
Beauchamp Baron of Hatch in Somerfct.1" She afterwards became a co-heirefs with her
lifter Joan, wife of Sir Robert Chalons, to her brother Thomas Beauchamp of Ryme, who
died without iflue.

She was the widow, without children, of Richard Branfcomb." There was an alignment
of dower dated the Tucfday after the Feaft of St. Martin, 18 Richard II., a.d. 1394,
by John Martyn, probably a truftee, to William Fortefcue the younger, and Elizabeth his

1 Notitia? and Pedigrees. 2 Collins, vol. iii. 336. 3 lb., from I'ole, p. 215.

4 Notitia? and Ped. 8 Not. and Pcd. f Not. and Ped.

7 Not. and Ped. 8 Not. and Pcd. • Collins, iii. 337,

0 Ped. in Stemm. Fort. " Not. and Ped., and Collins, iii. 337.

6 Family of Wimjlone.

wife, over all the lands in Over-Aller which were the property of the aforefaid Richard
BranVcomb. This alignment was fealed with the Fortefcue arms, with a crefcent for
difference.

In the year 1406, being the eighth year of King Henry IV., William Fortefcue and
Elizabeth his wife left their manor of Eftecot, " juxta Otery beatae Mariae," to John Asftie
and his wife for their lives.1

I find in Hutchins' Hiftory of Dorfetfhire the following particulars of the inheritance of

Elizabeth and Joan Beauchamp : —

"Ryme Intrinfeca.— This little Vill is fituated on the borders of the co. of Somerfet.
It was the feat of Sir Humphrey Beauchamp, fecond fon of Robert de Bello Campo, Baron
of Hatch in Somerfetfhire, whofe fon Sir John, by the daughter and heir of Sir Roger
Novant, had iflue Sir John Beauchamp of Ryme, father of Thomas, who died iffuelefs, leaving
for his heirs his fitters, wedded to Sir Robert Chalons and John (William) Fortefcue. The
Fortefcues do not feem to have poffeffed this manor long. William Fortefcue was Lord of
Wimpftone, in Devon."2

The children by this marriage were two fons, William and John.

The family eftates appear by this time to have grown to a confiderable extent, increafed
from time to time by feveral marriages with heirefTes. From the foregoing account of
grants and portions it may be gathered that this William of Wympfton, or Wimftone,
poffeffed, befides that eftate, lands in Holberton, Strechleigh, Forfan, Cokefland, Broke,
Donftan, Tamerton, Smythefton, Wimpell, Thurveton, and Eftecot, all of them, I believe,
in South Devon ; befides the manor of Ryme in Dorfet, inherited from the Beauchamps.
Upon his death the firft offset from the main trunk of the tree of defcent occurs ; the eldeft
fon William fucceeding at Wimftone, and, as we fhall prefently fee, becoming the origin of
feveral branches of Fortefcues ; while the fecond fon, John, although he inherited but a
fmall portion of the paternal eftates, was, through his three fons, the fource whence at leaft
as many confiderable houfes fprang.

We proceed with the defcent of the elder line of Wimftone.

William Fortefcue, the eldeft fon of his father William by Elizabeth Beauchamp, was
married, about the year 1394, to Mabel daughter and heir of John Falwell, or Fowell, and
was fucceeded by his fon John,3 who appears to have been returned to Parliament as a burgefs
for the borough of Taviftock in the 2nd of Henry VI., and again in the following year, and
in the 4th of Henry VI. he fat for Totnefs in the Parliament held at Leicefter, and for
Plymton in that held by the fame king at Weftminfter in the eighth year of his reign. He
married, before the year '1450, Joan, daughter and heir to John Prutfton, Prutefton, or
Prefton, of Prutefton, in the parifti of Newton Ferrers, a few miles fouth of Plymton. He

1 Not. and I'ed.

2 Hutchins' Dorfet, iv. 295.

a Willis, Not. Par.

Family of Wimjlone.

-7

was the fixth in defcent from William de Prutefton, who was feated there in the time of
Edward I.

John Fortefcue, of Wimfton, was living in the year 1461, in which year we find him
witnefs to a deed. He died before his wife. At the death of the latter on the 23rd of
May, 1 501, an inquifition poft mortem was held at Ermyngton, from which it appears that
at her death Joan (de Prutefton) was feized of lands in Ermyngton, Werthele, Burraton, and
Heffbrd, to which her eldeft fon John Fortefcue of Wimftone, aged, at his mother's death,
more than fifty years, was heir; and that her fecond fon William was then alive. This
fecond fon inherited the Prutefton eftate.

There was a third fon of John Fortefcue by Joan de Prutefton, named, like his elder
brother, John, according to a practice not uncommon at that period, but which muft have
been moft inconvenient. He inherited an eftate at Spridlefton, or Spirlfton, in the parifh of
Brixton in South Devon, which remained with his pofterity until the beginning of the prefent
century.

John, the eldeft fon of John and Joan, fucceeded at Wimftone. He married Ifabella,
daughter of Thomas Gibbs, of Ferriton, or Fen ton \ and died in 15 19, aged fixty-nine
years, feized of the manor of Fortefcue, alias Wimftone, and of lands in Stancomb, Higher
Falewyll, Lower Falewyll, Staverton, Derlington, Harberton, Tateton, Ottery St. Mary,
F'rmyngton, Plympton, &c, leaving iflue two fons, Thomas his heir, and John ; and two
daughters; Elizabeth, (married three times, 1 ft, to Thomas Cotterell of Waftibourne ; 2ndly,
to John Prideaux of Orcharden ; and, 3rdly, to Richard Trouble-field) ; and a fecond daughter,
Margaret. The eldeft fon, Thomas, was born a.u. 1490, being twenty-nine years old at his
father's death. He married Florence, daughter and heir of John Bountle of Combraleigh,
and one of the heirs of — Denys, by whom fhe obtained the manors of Alfton and Sutton,
in Somerfetfhire. Thomas Fortefcue died 1 554, leaving three fons and four daughters; ift,
Thomas, his heir; 2nd, William, ftyled of Moreleigh, who married Catherine, daughter
of John Walfh ; 3rd, Henry, who died December 1, 1587, leaving a fon, Thomas, aged
twenty-two at his father's death. The four daughters were, ift, Aquila, married to Robert
Afhford, of Wonnel ; 2nd, Elizabeth, to John Barnhoufe, of Kingfton ; 3rd, Ifabella, to
Anthony Honichurch ; 4th, Joanna, to William Hele of Cornwood.1

Thomas the eldeft fon fucceeded at Wimftone on the death of his father, in 1554;
he married Cicely, daughter of Richard Strode, of Newnham in Devon, by whom he had
iflue an only daughter, Joan, married to Edmond Babington, of Wyke in Worcefterfhire.

His fuccefibr at Wimftone was his third brother Henry, who died December 1, 1587.
He, by his will, dated 4th Auguft, 1585, defires to be buried with his anceftors within the

1 The authorities for the ftatemcnts on this page are various Ini|ui)itioncs Poll Mortem, the Sttmmata
Fortcfcuana, and Pole's Colkclions.

Family of Wimftone,

parifh of Modbury, and direds that his " wife Joan may dwell at Wimftone, or at my houfe
at Kingfton." Henry was fucceeded by his fon Thomas, who was aged twenty-two years
at his father's death, and had the manor of " Wymondemam," alias Fortefcue. He died,
aged thirty-five years, on the 9th of March, 1600, at his feat at Wimftone, and was fucceeded
by his fon Edmond, born in 1582 ; of whom we learn from the probate of his will, in 1632,
that he died in parts beyond the fea. He is ftyled in that document, Edward Fortefcue, of
Wymftone. He left a fon John, to whom adminiftration was granted. Beyond this John
there is no record of any male defcendant of the Fortefcues of Wympfton. The manor was
probably fold by him, if not by his father— moft likely by the latter, judging from the
language of Pole and Weftcote. This laft, writing about 1630, fays : " Wimpfton is totally
alienated;" and Sir William Pole, who died in 1635, writes: "This auncient lynage,
contynewed from the raigne of King John unto thefe late tymes at Wymonfton (out of
which all the Fortefcues of England are iflued), is nowe utterly wafted, and the land of
Wymfton occupied by Mr. Arthur Strobridge, who nowe dwelleth at Wymfton." 1

Wimftone paffed to the family of Champernoun ; thence to that of Ourry, which took
the name of Treby; and in Lyfons' time (1822), it belonged to W. L. Prettyjohn, Efq.,
who had built a houfe on the eftate.2

There is no trace of the defcent of any of the numerous denominations of landed eftates
which were found to belong to John Fortefcue of Wimftone in 15 19. Some were fold, and,
poftibly, others went, on the failure of male heirs, to daughters. Of this, however, I have
not found any notice.

1 Pole would not admit anything lefs formal than a " charter " as evidence of pofseffion. He ignored all
tradition, and confequently that which gave Wimftone to the Fortefcues at the Conqueft.

2 For the foregoing particulars, fee the Inquifitiones Poft Mortem, and Wills.

FAMILY OF PRUTESTON, OR PRESTON.

William Fortescue of Prutefton,=
2nd Con of John Fortescue of
Wimpftone, by Joan Pruteston or
Preston, died Feb. l, 1520.

^Elizabeth, dau. and co-
heirefs of Richard Cham-
pernoun of Invvorthy,
Cornwall.

( 1 ) Henrys
born 1499 ;
died 1567.

=Agnes, dau. and
heirefs of William
St. Maur of North-
Molton.

(2) Richard.

(3) William.

Jane.=John Cobley of
Brightley in
Chittlehampton.

John, died:
at Woodley,
April, 1587.

^Joan, d. and
heirefs of
Anthony
Fortescue
of Wood.

Isabella.=John Cople-

STONE of

Bowden in
Walthampton.

Eliza-=Simon Worth
beth. of Worth in
Wafhfield.

Cathe-=William Somas-
rine. ter of Painsford
in Afhfprinton.

i , I I

William of Preiion,= ift, . . . dau. of=p2nd, Margaret, d. Henry. Tristram.

and of Wood,
January, 1602.

ob.

Sir John Ful-
ford : no ifTue.

of John Francis of
Comb Florey in So-
me rfet.

Francis, =p.

dau. of Sir Margaret=George Reynell. Elizabeth. Catherine. Eleanor.

died 1694.

John Speccot of
Speccot in Thorn-
bury.

John,
died
S. P.

Francis,
diedS.P.

William,
diedS. P.

Sir Peter:
Fortescue
of Wood,
Baronet,
died 1686.

:ift, Bridget, d.=
of Sir John
Eliot of Port
Eliot.

=2nd, Amy, d. of
Peter Courte-
nay of St. Michael,
widow of Sir Pe-
ter COURTENAY.

Eliza-

Anne. Deborah.

Peter, died Amy.— John Fortescue,

an infant in fon of Arthur

1675. Fortescue of

Penwarne. S.P.

Bridget.

Mary.

Elizabeths

=John Turberville, Efq.,
fon of John Turberville,
of Goldon, Co. Somerfet.

A fon, Fortescue.

Families of Prejlon and IV ood.

Chap. II.

The For tef cues of Prejlon, and of the Second Line of Wood.

N the difperfion of the landed eftates of the elder Wimftone line, and the apparent
failure of male reprefentatives, the pofterity of William Fortefcue of Wimftone
by Ifabella Falwell, through their fecond fon, William of Prutefton, became the
fenior branch of the family.

This William of Prutefton or Prefton married Elizabeth Champernoun, daughter and
co-heir of Richard Champernoun, of Inworthy 1 in Cornwall, by whom he obtained property
in the parifh of Harecomb in Devon, as well as a third of the manors of Innefwicke,
Tregemare, and Alett, and other lands in Cornwall. He died in 1520. His will, dated
April 4th, 1 51 8, being the earlieft Portefcue will extant, fo far, at leaft, as I have been able to
afcertain, is here printed : —

"In dci nomine Amen, vicefimo quarto die menfis Aprilis, anno dm Mill'imo quingentefimo
xviij" Ego Willielmus Fortefcu compos mentis et fane memorie condo teltamentum meum in hunc
modum. Imprimis lego aiam meam deo omipotenti corpufquc meum fepeliend* in ecclia parochiali
de Ermyngton. Itin lego vicario ejufdem eccli'e pro decimis oblitis x\ Item lego eccli'e j>didr.' ut
pro me oretur in Rotul' Orator' xx\ Item volo quod executor meus dillribuat paupcribus in parochia
predicla omni die Veneris parafcev* per fpacium feptem annor' vj\ fiij*. viz. unicuique eorum iiij''.
Item volo quod dominus Danyell capital' meus habeat per fpacium duorum annorum annuatim quatuor
marcas cum convidtu ct toga ut oret pro me. Itin volo quod Henricus filius meus habeat revercionem
olm illoru mefuag' cum pertinen' in Newton Sandti Gery et poll ejus dcccllum fui hered' quam huT
ex conceflu prioris et convent' monafterii de Plympton pro termino annor' ut in quadam carta fpeciticat'.
Item volo quod oml conjugati heafit iiij'1 ct fui uxores iiij '. Item volo quod viduar et vidue habeant
linguli ij'1. Item volo quod prior de I'lvmpton habeat vj\ viijd. et unufquifque canonicus ejus prioratus
xij'1 ad celebrand' miflam ct exequias pro me et ridel* dcfundl'. Item volo quod prior de Totton' habeat
iij\ iiij1'. Et unufquifque monacus ibidem viij '. ad celebrand' miflam et exequias pro falute anime mce ct
omnium fidclium defundtor'. Reliduum vero bono' meo' ultcrius non legatorum do et lego Henrico filio
meo quern quidem Hcnricum ordino, facio ct conflituo meum verum cxecutorcm ad impiend' hanc
meam ultimam voluntatem prout fibi melius videbitur. Item ordino ct conltituo Johannem lortcfeu
fratrem meum (uperviforem ad hanc meam voluntatem pcrimplcnd'.

" Proved at Lamehith on the 1 2 day of February, a.d. 1 521 , by the oath of Henry Fortefcu executor
in the s' will nominated."

William Fortefcue was fucceeded by his fon and heir Henry, born in 1499, marr'C(J

1 LP. M.
c

i o Families of P reft on and W ood.

to Agnes, daughter and heir of William St. Maur of North Melton ; and died May 3,
1567,1 leaving, with other children, his fon and heir John,2 born in 15 19, married to Joan
Fortefcue daughter and heir of Anthony Fortefcue of Wood.

This John Fortefcue died April n, 1587, at Woodley ; his fon William was feized of
Prefton, and of Wood alfo on the death of his mother,3 who lived after his father. William
died at Armington, January 29, 1602, having married :— firft, the daughter of Sir JohnFulford,
by whom he left no ifTue ; and fecondly, Margaret, daughter of John Francis of Coombe
Florey1 in Somerfet, who furvived him. By her he obtained a third of the manor of
Coombe Florey. His children were one fon Francis, and four daughters, to each of whom
he left by will four hundred pounds.5 There are three poft-mortem inquifitions relating to
his eftates ; one taken at South Taviftock, one at Totnefs, and a third at Taunton, for the
Somerfet property. His heir, Francis, born in 1598, married the daughter of Sir John
Speccot of Speccot in Thornbury, and died April, 1649, 'eaying by his will 1000/. each to
two of his daughters, Anne and Deborah.6

He was fucceeded by his third furviving fon Sir Peter Fortefcue of Wood, created a
Baronet in January, 1666-67, married, firft, to Bridget, daughter of Sir John Eliot, of Port-
Eliot in Cornwall, and fecondly, to Amy, daughter of Peter Courtenay, Efq. of St.
Michael, and widow of Sir Peter Courtenay, Knight. Leaving no male ifTue — his only fon
Peter having died an infant — the Baronetcy became extincl: at his death in 1685. He
left three daughters, — Amy, married to John Fortefcue fon of Arthur Fortefcue of Penwarne
in Cornwall, who left no ifTue; Bridget; and Elizabeth, married in 1667 to John
Turberville, Efq. fon of John Turberville of Golden in Somerfet,7 and had ifTue a fon. Sir
Peter, by his will dated June 29, 1675, leaves his "real eftate in truft for fuch daughter
who mould marry a Fortefcue."8 From this it may be fuppofed that his daughter Amy,
the wife of John Fortefcue, inherited the eftate. She, however, had no iflue.

Thus the families of Prefton in the male line, and of Wood in both male and female
lines, were extinguiftied.

1 *• P- M- 2 I. P. M. 3 See the pedigree of Fortefcue of Wood.

4 I- P- M. s Wills. 6 Wills

7 Wills; and alfo in Stem. Fort. 8 N.B. See a Will of Peter Fortefcue of Prefton, 1672.

FAMILY OF SPRIDLESTONE.

John Fortescue of Spridle-:
ftone, 3rd fon of John For-
tescue of Wimpftone, by
Joan Pruteston.

:Alice, dau. of John

COCKWORTHY of

Cockworthy in Yarn-
combe.

( l) Richard;
of Spridle-
ftone.

^Elizabeth, d.
and c. h. of Ro-
bert Knolles,
of North
Mimms, Herts,
died 1549.

(2) NlCHOLAS,=pKATHERINE,

Groom Porter
to Henry
VIII., died
1549-

d. of Robert
Skinner of
Shelfield,
Warwick-
fhire.

(3) Nicholas,=Eliza-
died in 1550, beth.
without iffue.

(4) Lewis,
Baron of
Exchequer,
died 1545.

^Elizabeth,
d. and heir
of John
Fortescue
of Fallapit.

(See Cookhill Pedigree.)

JOHN,=pFLORENCE, dau.

Humphrey.

born
1515-

of Michael
Vivian, of Tre-
lawarren.

I i i

John,=pJoan, dau. Richard, Robkrt.=p

(5.) Anthony ;
Marfhal of
the Army in
Ireland, 1547.

died
1602.

of Robert

Shap-

leigh.

died

about

1580.

Mary.=Peter
Parnel.

Honor. =Thomas Elizabeth.
Coffin.

Barbara.

Mary.=Symonds
of Hal-
berton.

I I
John, =f= • . • dau. Edward.
b. 1580, I of ... .
d. 1609. I Pitt.

Eliza-=Zachary
beth. black-

ALLEN.

John.

John, :
b. 1607.

Edward,^

=Dorothy, dau.

John.

died

of Richard

1 702.

Crossing.

r 1
1 1
John. Edward.

1 j
Richard. Joanna-=Nicholas Dorothea,=

Phineas

Maria, Webb, of mar. 1695.

Anthony

Nicholas.

mar.
1694.

Landulph
in Corn-
wall.

Elizabeth,=John
mar. 1690. Harwood,
of Exeter. of Tamer-

ton in
Cornwall.

Rebecca,=
5th dau.

=Georgf.
Fortescue,
brother to
Henry For-
tescue, of
Buckland-
Filleigh.

John Fortescue, of Bampton,
afterwards of Buckland-Filleigh.

(See that Pedigree.)

Family of Spridleftone.

1 1

Chap. III.

The Forte/cues of Spridleftone.

HE branch of the Wimftonc Fortefcues which comes next in order is that which
took its rife from John Fortefcue the younger, third fon of William of
Wimftonc, by Mabel Fowell, ftyled John Fortefcue of Spridleftone from the

manfion and eftate of Spridleftone in the parifh of Brixton, near Plympton, left to him by
his father. He married Alice, daughter of John Cockworthy or Keckworthy,1 of Cockworthy
in Yarncomb, by whom he had ifTue, — firft, Richard; fecond, Nicholas, Groom Porter to
Henry VIII., who died in 1549, and was anceftor of the prefent family of Knottesford
Fortefcue ; third, Lewis, a Baron of the Exchequer, who died in 1545, having married the
heirefs of the Fortefcues of Fallapit ; and fourth, Anthony Marfhal of the army in Ireland,2
to which office he was appointed by Patent dated December 1 8th, 1547, 38 Henry VIII.,
under the title of " Marefcall, exercitus et aliorum belligerorum in regno Hiberniae."3

He had two years before ferved in the expedition to Scotland, undertaken by Henry to
enforce his defign of bringing about an union between England and Scotland by the marriage
of his fon Edward with the Princefs Mary.' The Earl of Lennox went to Ireland to gain
troops for this purpofe, which were placed under the command of the Earl of Ormonde.
The Lord Deputy, St. Leger, writes thus to the Privy Council : —

" Kilmainham, October loth, 1545.

M The Erie of Lennox hath made fuch inftant requeft to have with him John Travers,
Mafter of the Ordonance, and Anthony Fortefcue, with certain gunners and archers, alleging
to me that it was his Majefty's pleafure that he mould have fuch as he thought good, I
have, by the pcrmilTion of the Council here, put in readinefs the fame John and Anthony,
with a fon of mine own ; and with them one hundred gunners and archers ; fo as I reckon
with mariners all, they fhall be 2400 men, with 10 or 12 fhips well provided with good
artillery, befide other botes." s

This Anthony has been in many pedigrees confounded with Sir Anthony Fortefcue,
brother of Sir John of Salden, and a much younger man, being born about 1 536.

1 Lodge and Afhmolc MS. * See Vifitation of Surrey, 1530, 1 572, 1623; Harl. MS.

3 Pat. Rolls, 3rd Hen. VIII., Lyfons' Devon, ii. 73. 4 Kapin, i. 835; Carte's Ormonde, vol. i. p. Jl.
6 State Papers, Hen. VIII., Part 3, p. 535.

Family of Spridleflone.

Richard Fortefcue of Spridleftone, the eldeft fori, married Elizabeth daughter and co-heir
of* Robert Knolles of North Mimms, in Hertford/hire ; 1 by this lady, who furvived him,
and died October 25, 1549, he obtained lands in Weke in the parifhof Sexley-Monachorum,
in Devon, held of the king by knight's fervice.2 Their iflue were two fons, John and
Humphrey.

John of Spridlefton, the eldeft fon, was born in 1515 ; he married Florence daughter of
Michael Vivian of Trelawarren in Cornwall ; by whom he had iflue, with other children,
his fon and heir John, married to Joan daughter of Robert Shapleigh, and a fecond fon
Richard, who left a will dated March 3, 1578, and proved May 3, 1580, which is extant,
and of which a few particulars may be given. He alludes to "an adventure on the feas"
in which he took part. He leaves his lands called Saltram, in Plympton-St.-Mary, which
he had by demife from his father, to his nephew John Fortefcue, fon of his late brother
Robert. He gives a bequeft to the poor of St. Andrew's, Holborn, and of Brixton (in
Devon), and directs that five gold rings with a tiger engraved thereon be made, one to be
given to each of the overfeers of his will, namely, to

" John Fortefcue of Spurleftone, my father ;

" George Davey of Claveley ;

" John Fortefcue of Woode ;

" John Fortefcue of Fallapitt, Efquire, and

" Walter Hele of Wollyngton."
He leaves his elder brother John Fortefcue his executor.

This elder brother died in the year 1602,3 leaving his eldeft fon, John, twenty-two years
old at his father's death. His fecond fon, Edward, is defcribed in his father's will as " a
prifoner at Litchbourne" (Lifbon ?). John, born 1 580, only furvived until 1609, when he
left his fon and heir, alfo John, aged 2 years.4 Of this John Fortefcue, who lived during
the great Civil War, we have fome particulars preferved in the " Compofition Papers." He
was a Royalift, and was obliged to compound for his eftate for 202/., but appears afterwards
to have joined the Parliamentarians ; for there is a certificate, dated April 24, 1649, figne^
by Fairfax, of his having been a " Lieutenant-Colonel of Reformadoes in Sir James Smythe's
Brigade, and came off upon the articles of Truro."

He in his turn died, and left, with other children, a fon and heir Edward,5 who, in 1667,
married Dorothy daughter of Richard Crofting, and died in 1702, having had three fons,
and five daughters.

1 Pedigree, Harl. MS. 1538, fol. 87. 2 j p M 2,

, „' ' ' 4 I. P. M., Compofition Papers, and Biograph. Brit., 2000.

" btemm. Fort.

Family of Spridleflone.

It is recorded of this Mr. Fortefcue of Spridleftone,1 that he caufed to be planted
near to the churchyard of his parifh of Brixton, in the year 1677, a fine grove of elms,
for the purpofe of their being in due time fold for the benefit of the poor. A ftone
placed on the fpot bears this infcription : " This colony of elms regularly difpofed into
walks, was planted in November, 1677, DV Edward Fortefcue of Spridleftone, Efquire,
churchwarden, with the approbation and contribution of the majority of eftated pariftuo-
ners, to the intent that when perfect in growth and fold lands may be purchafed with
the money for relief of the poor of this parim, and that pofterity reaping the advantage
of our benefaction, may be encouraged to provide for more fucceflion by planting others
in their place."

We are told by the hiftorian of Devonfhire that feveral of thcfe trees have from time
to time been blown down by the wind and fold, and that in the year 18 19 fixteen of them
were cut down in fulfilment of the wifh of the planter, and produced a fum of 92/. 2s.,
which was funded for the poor, " as land cannot legally be purchafed," and their places were
ordered to be filled with young trees. The following lines were copied from the ftone in
1796: —

"May Mithridate's fpirit ftill affright.

Such as our living gallary's difpit,

Cleoncs and Agamemnon's fate

Seize on fuch as think not facred w'. is bate,

And enemies, deemed to poor, to Church and State."*

The fons of Edward Fortefcue died unmarried, and the eftatcs pafled to the youngeft
daughter Rebecca Fortefcue. She married George Fortefcue of Taviftock, younger brother
of Henry Fortefcue of Buckland-Fillcigh, who by her had a fon John, of Bampton in
Oxfordshire, who inherited that eftate upon the death, in 17 52, of his coufin Mary daughter
of the Right Honourable William Fortefcue Mafter of the Rolls, and who, in right of his
mother the heirefs of Spridleftone, fucceeded to the latter property alfo — he had no iftue,
and both the properties pafled at his death to his After, Rebecca Fortefcue.

Thus it appears that the elder line of the Spridleftone family, which began with John
Fortefcue the younger, third fon of William Fortefcue of Wimftone, failed in the male line
upon the death of Edward Fortefcue in 1 702.

Rebecca Fortefcue, who fucceeded to Spridleftone, married Caleb Inglett, Efquire, of
Chudleigh, and was fucceeded at Spridleftone by her fon Richard, who took the name of

1 Lyfons' Devon, Part ii. p. 75, and from Brixton Regiflef in Stemmata Fortefcuana.

2 Stemmata Fortefcuana. A very oblcurc doggrell ! the note fays "it was copied as exaclly as poffible "
from the Kcgifter.

Family of Spridleflone.

Fortefcue, and was fucceeded in his eftates by his only fon, John Inglett Fortefcue,1 who, in
1785, fold both Spridleflone and Buckland-Filleigh eftates.

The purchafer of Spridleftone was Mr. Lane of Coffleet, and the old manfion of the
Fortefcues is now inhabited by a farmer.2

1 Lyfons' Devon, ii. 73.

2 See Monuments in Buckland-Filleigh Church, and Fortefcues of Buckland-Filleigh in this work, for
further particulars.

FAMILY OF COOKHILL, WHEATLEY, AND ALVESTON MANOR.

Nicholas Fortescue, 2nd fon of=pKATHERiNE, dau. of Robert

John Fortescue of Spridleftone,
by Alice Cockworthy ; was
Groom Porter to Henry VIII. ;
died 1549.

Skinner, of Shelfield, War-
wickfhire.

William of Cookhill and Wheatley,=j=URSULA, dau. of Richard New-port.
died Jan. 6, 1605.

(1) Wil-
liam.

=Jane, dau.
of Sir John
Wilde,
Worcefter-
fhire.

(l) Sir Nicholas of Cook-=j=PRUDENCE, dau. of

hill, Chamberlain of Ex-
chequer 1624; d. 1633.

(2) John of Cookhill=j=jANE, dau. of — D'Ewes

William Whet-
ley, of Norfolk.

and Wheatley, cir.
1663.

of Welbourne, who died
1674-

(2) Fran—

CIS.

-Frances,
dau. of
Sir John
Peyton,
co. Oxon.

(3) Ed-=Frances,
mund. dau. of
Brydges
Lord
Chandos.

(4) Nicho-
las, Knight
of Malta.

(5) John.

Mar-=Nicholas
tha. Lewis, of
Wales.

Pru-
dence.

C 1 ) Nicholas,
difinherited by
his father ; no
iffue.

(2) William,
of Cookhill,
d. 1706.

Catherine,
dau. of Sir
Richard
Braune.

Mary.

Frances.

Tertian

=Charles
Knottes-

FORD.

Philadelphia.

John of=
Cook-
hill, b.
i623,d.
1692.

Francis, a
Roman
Catholic
Prieft, died
at Douay.

-Alieca, Fran-
b. 1628, cis.
d. 1664.

Arabella,
ob. 1732.

Jane,

died

1739-

John of Cookhill,=
ob. 1 757-

=Thf.odosia, dau. of Hugh Braune
of Bridgetown, b. 1689, d. 1764.

(1) John,
Captain
H.N. ;
b. 1 727 ;
d. 1808.

^Frances, d.
of Major
Nanton of
Antigua, d.
1780.

(2) William
no iffue ; d.
1774.

(3) Charlotte,
died unmarried.

(4) THEODOSIA.=pReV. W.

b. 1752, d. Williams.
1823.

A daughter.

(5) Francis,:
mar. lft, to
Mary Knot-
tesford ;
died S.P.

:2dly, Frances
Trehearne,
d. 1822.

(6) Charles, (7) Hugh,

Reclor of died un-

Roufelinch ; married,
died S.P. 1806.

John, born=pMARY Glover.
1 747 ; died
1825.

Frances, born:
1 76 1 ; died
1793-

=Rev. J. Morgan.

Leaving iffue.

Francis, in Holy:
Orders ; took the
name of Knottes-
ford ; b. 1772;
d. 1859.

^Maria, dau. of
Rev. George
Downing.

John,

died

1868.

M.Walker. Hi:nry,=pJulia Rich-

died
1876.

ARDSON ;

2nd, Frances
Sanley.

( 1 ) Francis,
born 1806 ;
died S.P.
1818.

M\RY.=j=J. Young. 2 daughters
Children.

Edward Francis=fAlicia Mar

Knottesford
Fortescue of
Alvcfton Manor
Houfc, b. 1840.

garetta,
d. of Rev. J.
Tyrwhytt,

1870.

Mary,=G. A. Maci-

born rone, Efq.

1841;

died

1879.

(2) Frances:
Catherine,
born 1808 ;
died 1873.

:Rev. J.
Dewe.

(3) George
Downing,
born 1 8 14;
died 1826.
S.P.

rrr ~m

3 fons and 3 daughters.

John, b. Laurence, =EMiLY,d.

1843; d- born 1845. of J. R.

1864, Russell,

S.P. Efq.

Frvnces Gahriella, Maria Johanna Baptista, John Nicholas, Faithful Edward,
born l8"1- born 1873. born 1874. born 1878.

(4) Maria^Rcv. F. S.
Marga- Jackson.

RETTA,

b. 1816.

4 daughters.

George,=Eliza,
b.1847; dau. of
married Rev. J.
1875. Blatch.

Frances^
Anne,
dau. of
Arch-
deacon
Spooner,
1838; d.
1868.

:(5)Edmund=[= Ger-

BOWLES

Knottes-
ford For-
tescue,
in Holy
Orders ;
b. 1816;
d. 1877.

trude,
dau. of
Rev. San-
derson
Robins,
1871, 2nd
wife.

Vincent,
b. 1 849 ;
in Holy
Orders.

Charles Ninian,
born 1855;
died 1855.

Clara Mary Katherine,
born 1872.

Adrian Henry,
born 1874.

Gertrude Raphael,
born 1875.

Family of Cookhill and Wheatley.

Chap. IV.

The Forte/cues of Cookhill and Wheatley.

PON the failure of the elder line of Spridleftone, as above defcribed, that which
fprung from Nicholas, a younger fon of John Fortefcue of Spridleftone by
Alice Cockworthy, becomes the fenior houfe. The pedigrees for the moft part
make Nicholas, the Groom Porter, and anceftor of the Fortefcues of Cookhill, to be the
fecond fon of the aforefaid John.

The pedigree in the Vifitation of Worcefter 1 in i 569, afligns to John two fons named
Nicholas — the firft the Groom Porter, being by a namelefs wife ; the fecond Nicholas being
by " the dau. of Skinner," fecond wife of John.

In the Arms and Pedigrees of Devon Families* two fons Nicholas are recorded, one as
legitimate, and the other as u baftard fonne." In like manner, the Visitations of Surrey, in
1530, 1572, 1623,3 defcribe one as " bafe fon," annexing his arms, which are thofe of
Fortefcue with a bordure to the ftiield.

We may obferve that Louis Fortefcue, the judge, making his will in 1543, during the
lifetime of both the Nicholafes, leaves to his Brother " Nicholas," without the designation of
the elder or the younger, u four marks in gold to make a crofs for his wife," as if he acknow-
ledged only one brother with that name.

There is fcarcely a doubt, however, of the fact that John of Spridleftone had two fons
Nicholas;4 becaufe there are extant two wills, one dated in 1546, and proved in 1550, made
by Nicholas Fortefcue of M Spridleftone," mentioning his wife Elizabeth, his elder brother
Richard, and his younger brother Lewis; another, dated in 1544, and proved in 1549, by
"Nicholas Fortefcue Groom Porter of the King's Moft Honourable Chamber," made on
the occafion of his " being appointed to attend the King's Grace in a voiage Royall into
France." His wife (Catherine is named, and a fon William; and Mabell and Jane, his
daughters, to each of whom he leaves forty pounds, " to be delivered to her at the day of
her marriage, fo that fhe be ruled and ordered in her faide marriage by my faidc wife her
mother." He bequeaths to his fon M his manor of Wytheley, Co. Worcefter," after his
wife's death. The will is given in the appendix to this chapter.

1 Harl. MS. 156b. Viiit. of Worcefter.

3 See Harl. MS. 1538, fol. 87.
1 Harl. MS. 1561, fol. 14.

4 Two brothers with the lame name often occur in old documents.

Family of Cookhill and Wheatley.

Now, although there is no allufion here to Spridleftone, or to any brothers, yet as the
Groom Porter is everywhere, with a fingle exception,1 called fon of John of Spridleftone, we
muft believe him to be fuch, and confequently that he was brother to the other Nicholas,
who in his will ftyles himfelf " of Spridleftone."

The Groom Porter, ftyled in feveral documents Sir Nicholas, married Katherine,
daughter of Robert Skinner, Lord of the Manor of Shelfield in Warwickftiire.2

In 1537, 29 Henry VIII., he was appointed Keeper of the Park of Malwyke under
the Lord Denbighe.3

He, for his fervices to Henry VIII., received from that king, in the thirty-fourth year
of his reign (1542), on the diftolution of the religious foundations, a grant of the lands of
the Nunnery of Cokehill,4 in Cookhill and Church Lench, in Worcefterfhire, fituated on
the range of hills dividing that county from Warwickftiire, a few miles weft of Alcefter.
" Thefe lands," fays Nafti, writing in 1782, "Henry the Eighth gave to his fervant Nicholas
Fortefcue anceftor to the prefent Captain Fortefcue, who was one of thofe that went round
the world in the Centurion." s

I was informed by the lineal defcendant and reprefentative of Sir Nicholas, the Rev.
Edward Knottesford Fortefcue, Dean of Perth Cathedral, writing in 1864, that the manor
and eftate remained in his family for eight generations, until the time of John Fortefcue,
who married Mifs Mary Glover, who fold the property early in the prefent century.
"The old houfe is now (1864) partly ufed as a farm houfe, and traces of the walks and
gardens ftill remain."

At the fame time with this grant Sir Nicholas received another in the parifti of
Campden, in Gloucefterfhire, very near to where, a century before, Chancellor Fortefcue
had bought his eftate of Ebrington. This was alfo part of the property of the Cokehill
nuns, and was called in confequence, Nun-heys,6 from " hai," a hedge, park, or inclofure.
All thefe grants were to " Nicholas Fortefcue, and Catharine his wife, and to the heirs male
of the faid Nicholas." Thefe lands were held of the king by knight's fervice in chief.

There is a warrant of the year 1544, "for the delivery of an allowance of ten millings
a-day to Nicholas Fortefcue Groom of the King's Houfe,"7 to which Sir Nicholas's fignature
is attached.

Sir Nicholas, in the 35th Henry VIII., 1543, bought from Maude Lane, the manor

1 Buckland-Filleigh MS. Pedigree, which abfurdly makes the Groom Porter to be the fon of Sir John of
Punfborne.

2 Ped. in Proofs of Sir Nicholas. 3 Patent RollSj p. 2.
4 Nafh's Worcefterfhire, vol. ii. p. 8.

6 This Captain John Fortefcue of the Royal Navy, who died at Cookhill, May 9, 1808, was buried in a
vault beneath Cookhill Chapel. See "Genealogift" for October, 1878, p. 117.

6 Rudder's Gloucefterfhire, p. 322. ' 7 Add. MS> (B> M-) 5? J& p &4

Sir Nicholas Fortescue, Chamherlain of the Exchequer , Died A. D. 1633.

Sir John Fortescue -Aland first Lord Fortescue ©f Cred&n ., Died A D 1746.

Right Hontle William Fortescue , Master of the Rolls , Died A. D. 1749 .

Family of Cookhill and Wheat ley.

and eftate of Whethele, or Wheatley, in Warwickshire near to Cookhill. He died Auguft
28, 1549 (being the fame date as that of a codicil of his will), leaving his fon and heir,
William, aged nine years.1

From an entry in the Court of Wards, it appears that the preferment of Groom
Porter was granted to Henry Whelar, Gent., one of the Grooms of the King's Chamber,
who granted his intereft to Katherine Fortefcue, widow, mother of the ward, and that the
" Ward and marriage of William Fortefcue," her fon, was, together with the land defcending,
fold to the faid Katherine for 20/.

This William, who married Urfula Newport, in compliance with the will of his brother-
in-law Walter Newport, dated 34 Elizabeth (1592), which bequeathed a fum of money
for the purpofe, fettled a rent charge of 20/. a-year for ever out of his manor of Wetheley
for a fchool for the poor at Awfeter (Alcefter).*

William Fortefcue died January 6, 1605.

An inquifition port mortem, taken July 24, 1607, 3 finds that he died inteftate, leaving
his wife Urfula Fortefcue furviving. He had two fons, Nicholas and John, and a daughter,
Dorothy. Each of the fons inherited a portion of the landed eftates of their father, and
both appear to have lived at Cookhill.

The eldeft, Nicholas/ afterwards Sir Nicholas, called in the Compofition Papers "fon
and heir," was refident at Cookhill in the year of his father's death, a document being
preferved in the State Paper Office relating to fome armour found in his houfe there in
November of that year, the month of the famous Gunpowder Treafon.

It will be remembered that Cookhill was in a part of the country with which the con-
fpirators Catefby and Winter were connected, and to which they and their aflbciates betook
themfelves on the failure of the plot.

Fortefcue declares that the armour in queftion had been in the houfe five years, "that
he had not feen Winter for eight years," and that he had not been fummoned to join the
rifing.5

There is alfo a letter from Chief Juftice Anderfon and Sheriff" Warburton to the Privy
Council, dated March 26, 1606, complaining "that Mr. Fortefcue of Warwickfhire, though
fummoned to appear before them, had not come forward to be examined."

Thefe fufpicions, to which probably every Roman Catholic in that part of England was
more or lefs expofed in that time of public alarm, do not appear to have hindered his
advancement, which, according to the writer in Biographia Britannica," he owed in a great
meafure to his own merits.

1 Dugdale'l Warwickfhire, p. 591. 2 Dugdale, Warwick, p. 543.

3 I. I'. M. * Com. Papen, called "fon and heir."

0 Ibid. p. 253. Cal. State Papers, Tom. 1603-10, p. 304. 1 Biog. Brit., iii. 2000.

1 8 Family of Cookhill and JVheatley.

<c He was a perfon," fays the author, " of fo dextrous an addrefs, that when he came into
notice he came into favour, and when he entered the Court, had not only the chamber but
the clofet of a Prince open to him ; a gentleman that did much in his perfon. and, as he
would fay, ' let reputation do the reft.' He and Sir Edmund Fortefcue were always
obferved fo wary, as to have all their enemies before them." We find Sir Nicholas receiving
into his houfe at Cookhill a well-known Benedictine monk of that day — David Baker, born
in 1575, who, it is faid, "did retire himfelf into the houfe of Sir Nicholas Fortefcue, and
did then zealoufly continue his fecond converfion, or attempt upon internal prayer." 1

Early in the reign of James I. he became one of the Commiffioners of the Houfehold
and Navy. He was knighted by James at either Whitehall or Theobald's,2 on the 2nd of
February, 16 17. He alfo obtained the office of Surveyor-General of "the king's lands,
tenements, and hereditaments" in his own County of Worcester, which, in the year 1624, he
refigned in favour of his fon Edmund.3 He held at the fame time, and until the 21ft
of May, 1625, when he refigned it, the office of a Chamberlain of the Exchequer,4 to which
office he had been appointed on the 26th of February, 16 18, upon the death of Sir John
Points.5 His colleague, the other Chamberlain, was Sir Nicholas Carewe. The grant,
which is extant, confers upon him the office for his life, " with all its emoluments and
rights as fully and perfectly as they were enjoyed by any of his predeceflbrs, namely,
Thomas late Lord de la Ware, George Younge, Sir William Killigrewe, Sir Walter Cope,
or Sir John Points."6 It may be remarked that Sir Nicholas is ftyled in the document
" Armiger," and not "Miles;" fo that the date of his knighthood given in Nichol's
ProgrefTes, viz. February 2nd, 16 17, is too early by a year.

In the years 1622 and 1623 we find him actively employed on feveral fpecial Com-
miffions.

Firft., in the former year he is a Commiffioner with the Keeper of the Great Seal, the
Lord Manners, and others, for inquiry into defective titles to lands granted by the Crown.7

Again, in March, 16 23/ he ferves on a Special Commiffion with the Lord Treafurer
(the Earl of Middlefex), and others, to inquire into " the depredations and robberies daily
committed on the fea by pirate-robbers, calling themfelves men-of-war."

Again, he is on a Special Commiflion, dated May 9, 16 23/ with fix others, " To inquire
into the difcords, difcontentments, and fundry mifgovernments of the Englifh Colonies and
Plantations in Virginia and the Summer Iflands ; " the preamble reciting that the aforefaid
Colonies " are of fpecial importance as being the firft foreign Colonies planted by our Englifh

1 Wood's Athen. Oxonienfes, iii. II. * Theobald's in NichoFs Prog. James I., iii. 526.

3 Cal. State Pap., torn. 1623-25, p. 364. 4 Cal. State Pap., 1625-26, p. 109.

5 See his Patent in Afhmole MS. e Patent, Aftimole MS.

7 Rymer, vii. part iii. p. 247. 8 Rymer7 vij. part iv< p ^

u Ibid. vii. part iv. p. 63.

Family of Cookhill and Wheat ley.

nation, and tending to the propagation of God's Glory, and Chriftian Religion, and the
enlargement of the dominions of our Crown."

And, at the fame time, he is one of the CommiiTioners " to inquire into the ftate of
Ireland, and to confider all petitions and complaints of grievances, and all projects concerning
matters that may arife within our Realm of Ireland."

He married Prudence, daughter of William Wheteley of Holcome in Norfolk, Efquire,
fometime Prothonotary of the Common Pleas, by whom he had ilTue five fons, namely, —
William, his fon and heir, born in 1603,1 died in January, 1649 ; 2 fecond, Francis, of the
Inner Temple ; third, Edmund, Sewer to the Queen, and fucceflbr to his father as Surveyor-
General of Crown Lands; fourth, Nicholas, a Knight of Malta; fifth, John; and two
daughters, — Martha, married to Nicholas, fon of Sir Edward Lewis, of The Vanne, in
Glamorganshire ; and fecond, Prudence.3

The funeral certificate in the College of Arms, records that "The Right Worfhipfull
Sir Nicholas Fortefcue, of Cookhill, in the Co. of Worcefter, Knight, departed this mortal
life, at his lodging in Fetter Lane, London, the fecond of November, 1633 ; and was
thence conveyed to his houfe aforefaid, and interred in a chapel belonging to the faid houfe
the twentieth of the fame moneth."

The chapel was that belonging to the old nunnery before mentioned.

"Near the tomb of Ifabel, Countefs of Warwick,"4 fays Nam, "lays the body of Sir
Nicholas Fortefcue, Chamberlain of the Exchequer, who was beloved, and died lamented."

The following letter from Sir Nicholas to a friend in the country, Sir William Pitt, at
Hartley Weftpall, giving him the news of the day, has furvived : —

5 The rcturne of yor carrier is foe fuddaine as you may marvayle if you fometymes mi lie of
aunfuer, for if I mould drive forth as oftcntyme I doc he would be gone afore my returne, but yo' laite
& this by chaunce found me & you fhall have fuch an accountc as in this fhorte tvme I can give
yo". The reafon y' noc more common fouldio" were flayne was for that at the firft charge in plavne
termes they ranne foe beaftly away as fome drowned thcmfclves Sc Captaynes & Coronell Spry was foe
forefaken as he was driven to ftand to it withe very few, foe you have already heard of that bufincs
as much as I dare fend you for there is noe other mcflcngcr come & for my parte I give little
credit to o1 towne talke I can fend you nothinge of that is done at Wyndfor as yeat for none of them
arc retourned only we have it hcerc that my lord of Holland is very fpecdyly to goe w,h 2 or 3000 men
to the Duke & the Earle of Carlile is to goe to the duke of Lorravne as it is hecre fayd to accomodate
the Bufineffes betweenc the King of Bohemia Si the Empcrour. \Vc hearc that that duke Rohun

1 I. P. ML Wills.

3 Funeral Certificate, sec Appendix.

4 Brit. Mus. Add. MS., fol. 106.

* Comji. Papers.

1 Nafh, WorctiUrihire, ii. p. 8.

Family of Cookhill and Wheatley.

hath gotten an army of 18000 of the religion in Languedoc and that the French Kinge will finde fome
trouble there as well as in other places by the duke Memorancie and other his difcontented lords who
take advantage of thefe troublefome tymes, we have a confident reporte that the French king is dead &
many heere fay that his brother will proove then he \_fic in orig.]. But I beleyve it not, it is true he
hath beene very ficke & hath had a fwellinge in his tongue & throate that hathe much vexed him.
Touching the ftiorteninge of the kings progrefle methinkes it mould not be very troublefome to you
for he comes noe neerer you then Alderfhot, his courte is fmall & removes but fhorte and not often as
you may fee by this note enclofed/ Sr Ihon Wolftenholme is in wont of towne but soe foone as I mail
meete wlh him I will acquainte him wth what you have written. In the meane time returning my hartieft
falutations to you & yor company I refte

Yo' faithfull & ever allured
Friend

Nich : Fortescue.

Fetterlane, this
20th of Auguft
1627.

Addrejfed To the Right woril my
very deare Freend
Sr Willfi Pitt Kn<
at Hartely Wafpell
thefe be dct
wth fpeed.

By the inquifition poft mortem,1 held November 8, 12 Car. I., it appears that Sir
Nicholas died feized of lands in the manors of Wheatley and Cookhill. His eldeft fon
William, ftyled a " Popim recufant,"2 fucceeded to the former manor, which was afterwards
fequeftered for his recufancy. He is alfo called "of Cookhill."3 He married Joane4
daughter of Thomas Wilde, of Glafely, in Shropfhire, leaving by her three fons and one
daughter, and died January, 1649, aged 46 years.5

There is no record of any defcendants from the fons of this William Fortefcue, nor from
any of his brothers.

Nicholas Fortefcue, fourth fon of Sir Nicholas, the Chamberlain of the Exchequer, became
a Knight of St. John of Jerufalem ; he was a devoted Roman Catholic, and about the year
1637, having been commiffioned by Queen Henrietta-Maria confort to Charles the Firft to
endeavour to revive the " Englifh tongue " of that order at Malta, he petitioned the Grand
Mafter, Lafcaris, for admiflion to its ranks, praying him to appoint commifiioners to examine
the " proofs of his nobility," and to hear his propofals for reftoring and giving life to the

1 I. P. M., P. 17.

4 Funeral Certificate.

2 Comp. Papers.

5 L P. M. Wills, Comp. Papers.

Comp. Papers.

Family of Cookhill and IV heat ley.

Englifh Tongue. His requeft was granted, and the commiffioners reported favourably to
the Grand Mafter and Council on the projected revival, but feemed to doubt the pofTibility
of raifing the fum required to meet the expected outlay, namely, twelve thoufand crowns.

They find that Fortefcue had eftablifhed " his nobility to their fatisfaction," and
recommend that he be admitted to the order with the rank of " Cavaliere," and fay that they
have named him as a novice to await the proper time for taking the habit, and for making
the prefcribed profeffion ; allowing him meantime to wear, hung from his neck, the golden
crofs of the order, both within and without the convent, fubject to the approval of his
Holinefs Pope Urban the Eighth, and of Cardinal Barbarino, Protector of the Order.

This report is dated the 26th of February, 1638.

In January of the following year (1639) ne aPPears to have prcfented himfelf to the
Grand Mafter; for we find a letter of recommendation and introduction in his favour from
the Pope, and another from Cardinal Barbarino, both addrefled to the head of the order,
Lafcaris, who, with his Council, approved and confirmed the report of the commillioners in
the next month (February 25).

The negotiation never advanced beyond this ftage. The fpirit of the time in England
had little fympathy with an inftitution whofe ufefulnefs had parted away with the object for
which it was founded, and the unfortunate queen of Charles the Firft had foon more prefling
affairs to think of. Pozzo,' the Hiftorian of the Order, thus clofes his account of the
tranfaction : —

" Tutte queft cofe furono dal Gran Maeftro e Configlio approvate e confirmate fotto il
di 25 di Febbraio, ma fx come il trattato no haveva maggiori fondamenti ch' in deboli e
lontane fperanze, cofi in breve fvani, tanto piu ch' occorfero di poi le gravilTime turbolenze d'
Inghilterra che pofero non folo in conquaffo e ruina le cofe di Cattolici di quel Regno ; ma per
1'afFettione dimoftratacondufTero nella cataftrofed' una funeftiffima tragedia 1'ifteiTa cafa Reale."

Sir Nicholas took up arms for the king on the outbreak of the great Civil War, and was
killed, in 1644, at Prefton in Lancafhire, according to fome authorities,7 or at the battle of
Marfton Moor in Yorkfhire, if we follow the ftatement of Whitaker/ who fays that he died
of wounds at the latter place.

"The Loyal Martyrology " contains the following notice under the head of "Loyal
Confeflbrs:" — "Sir Nicholas Fortefcue, a Knight of Malta (fee the juftnefs of the king's
caufe/ which invited ftrangers from fo far countries to take his part), was flain in Lancafhire
in defence of the Royal caufe."

1 POZZO, Hiftoriu delifl f'acra Rcligione dc San Giovanni <li Malta, 1 vol. 4to. Vcnczia, 1715.

2 Winftanlcy, Loyal Martyrology, feci, xxxviii. p. 68. Dod's Church Hiftory, iii. p. 58. London, 1665.

3 VVhitakcr's Craven.

4 It docs not follow that a Knight of Malta muft have bet n in that ifl.ind.

2 2 Family of Cookhill and Wheat ley.

The original document containing " the proofs " of Sir Nicholas' « nobility " ftill exifts ;
its prefent pofleflbr is Mr. John James Watts, who, with much kindnefs, has allowed me to
infpect it, and to have it copied in facfimile. It is a parchment roll, with a knight on horfeback
emblazoned in colours at the top, with the following infcription :—

" Ha?c effigies reprefentat Nobiliffimum Virum Dominum Richardum a Forti-fcuto
equeftris ordinis, qui comitatus eft Gulielmum Normannias Ducem dictum vulgo Con-
queftorem in expeditione Anglicana, et propter res ab eo fortiter ac faeliciter geftas, ibidem
a dido Conquasftore donatus eft Caftello in Comitatu Devonienfis dicto Winfton cum agris
adiacentibus ubi primo fedem pofuit anno falutis 1069."

There is alfo a drawing of a feal1 of which a woodcut is given further on, with this
infcription over it : —

"Hasc Figura refert figillum antiquum Familias Forti-Scutorum nuperrime repertum a
Nobiliffimo viro fideli Forti-Scuto de Filly Equitiaurato inter numifmata Johannis Terdefkhen
Belgi, qui habitat Lambheth trans Thamefin Londoni." .

The arms of the eight families forming the neceflary number of quarterings for « noble "
defcent are given, namely, 1 Fortefcue, 2 Skinner, 3 Newport, 4 Hales, 5 Whetley, 6 Pepis,
7 Skinner (as No. 2), 8 Billing.

A fecond row of fhields for the children of Sir Nicholas Fortefcue and Prudence
Whetley.

And the defcent is vouched by John Talbot Earl of Shrewsbury, and Sir John Fortefcue
of Salden, who are ftyled " confanguinii " of Sir Nicholas.

The production of the document at the Papal Court is certified by the Signature " Casfar
Columna," dated at Rome, January 1, 1639.

The date of the death of Sir Nicholas is not known, nor is there a record of any
marriage.

John Fortefcue, fecond fon of William Fortefcue and Urfula Newport, was, equally
with his elder brother Sir Nicholas, ftyled of Cookhill and Wheatley. He took an active
part in the great rebellion as a Royalift leader, for which he was heavily fined by the Par-
liament, imprifoned, and forced to compound for his eftates for 234-/.2 On the 29th of
March, 1649, he "took the Act of Abjuration ;"3 notwithstanding which we find him foon
after the Restoration, in the year 1663, receiving a grant of "the remainder invefted in
the Crown of the MefTuage and Chapel of St. Giles, Co. Warwick, and Cookhill Priory,
Co. Worcefter, long pertaining to his anceftors;" as well as of other lands granted by

1 See the woodcut, and particulars of this feal, in the notice of Sir Faithful Fortefcue, in Chapter XI. of
this volume.

2 Compos. Papers. 3 Ibid.

Family of Cookhill and Wheat ley.

Henry VIII. to Nicholas Fortefcue, becaufe he, M the faid John Fortefcue, has been active
in promoting the Reftoration, and has fuffered for his loyalty."1 He married Jane,-2 daughter
of — D'Ewes, of Welbourne, who died in 1674. The iflue of this marriage was, 1 ft, John,
2ndly, Francis, who left a fon Francis, a Roman Catholic Prieft, who died at Douay ; and
two daughters.5

John, the eldeft fon, fold the eftate of Wheatley, and, having difinherited his eldeft fon,
Nicholas, left at his death, in 1692,4 his eftate of Cookhill to his fecond fon, William, who
married, in 1697, Katherine, daughter of Sir Richard Braune, and died in 1706.

His eldeft fon, JoTin, married Theodofia Braune, and died in 1758, leaving his fon and
fuccefior, Captain John Fortefcue, who entered the Royal Navy in 1739, anc^ was m Lord
Anfon's fhip, the "Centurion," during his firft voyage round the world in the year 1740/
and faw much fervice under Lord Howe. He died in the year 1808.

His eldeft fon, alfo John, fold the eftates of Cookhill ; and his two fons, John and Henry,
leaving no male iftue, the elder line of the defcendants of Sir Nicholas, who had the grant of
Cookhill from Henry VIII., became extinct.

The burying-place of the family for many generations was the chapel at Cookhill. It
was reftored by Captain John Fortefcue, the circumnavigator, who was the laft of the family
that was buried there.

The reprcfentation of the family now devolved upon Francis Fortefcue of Alvefton
Manor Houfe, only furviving fon of Francis Fortefcue, who was third fon of John Fortefcue
of Cookhill, by Theodofia Braune. The eftate of Bridgetown, with the manors of Alvefton
and Teddington, were bequeathed to him by his father's coufin, John Knottesford ; and on
his coming of age, he, by a condition of the will, took the name of Knottesford.

Mr. Francis Knottesford- Fortefcue, born in 1772, married in 1805, Maria, only daughter
of the Rev. George Downing, Rector of Ovington and Prebendary of Ely Cathedral. I Ie
died in 1859, an<^ was ^atner or* tnc 'ate ^ev- Edward Bowles Knottesford-Fortefcue, Dean
of Perth Cathedal, who refumed Fortefcue as his laft name.

Dean Fortefcue married firft in 1838, Frances Anne, fourth daughter of Ven. Archdeacon
Spooner, Rector of Elmdown. That lady died in 1868, having ilTue by her hufband, 1.
Edward Francis, who fucceeded his father; 2. Mary ; 3. John; 4. Lawrence; 5. George;
6. Vincent; 7. Charles Ninian, who died in 1855. He married fecondly in 1871, Gertrude,
daughter of the Rev. Sanderfon Robins, Vicar of St. Peter's, Ifle of Thanet, and by her had
1. Clara Mary Katherine; 2. Adrian Henry, and 3. Gertrude Raphael. Dean Fortefcue
died Auguft 18, 1877, aged fixty-one years, and was fucceeded by his eldeft fon Captain

1 Cal. State Papers, 1663-64, pp. 49, 1 11, 133. 1 Wills.

3 Rev. Ii. B. Knottesford-Fortefcuc's Pedigree. ' Wills.

6 The following information is from Rev. E. R. Knotttsford-Forti foue.

24 Family of Cookhill and Wheat ley.

Edward Francis Knottesford-Fortefcue, born in 1840, a Captain in the army, Hon. Major
of the 1 ft Warwickshire Militia, and a Juftice of the Peace for Warwickfhire. Alvefton
Manor Houfe, of which he is the proprietor, was formerly called Bridgetown Houfe ; it is
clofe to Stratford-on-Avon in Warwickfhire, about twenty miles diftant from Cookhill. The
houfe was built as a hofpital for the fick monks from Worcefter, and was fold upon the
difTblution of that monaftery.

Captain Fortefcue married in 1870, Alicia Margaretta, daughter of the Rev. J. Tyrwhitt,
Vicar of Whitechurch, and Prebendary of Salifbury. They have iffue, Frances Gabriela,
born 1 87 1 ; Maria Johanna Baptifta, born 1873 ; John Nicholas, born 1874; and Faithful
Edward, born 1878.

From the foregoing defcent it appears that Captain Knottesford-Fortefcue, is now the
reprefentative of the eldeft exifting line of the Fortefcues, the branch which he reprefents
being fenior to all the others in the male line of defcent.

Appendix to Chap. IV.
A.

The Will of Nicholas Fortefcue, Groom-Porter to King Henry VIII.

In the name of God, amen, the ixth day of July in the yere of our Lorde Godd, 1544, and in the
xxxvj"1 yeare of the reigne of our Soveraigne Lorde Henry the eight by the grace of God Kinge of
Englande, Fraunce and Irelande defendor of the faith and in earthe of the churche of Englande and
alfo of Irelande the fupreme hedd, I Nicholas Fortefcue grome porter of the Kinges mod honorable
Chamber being appointed to attende upon the Kinges Majeftie in this his graces voyage royall into
Fraunce entending to fett in ordre and difpoficion fuch poore fubftaunce and living as God hath lent
me at my departure whatfoever fhall become of me do ordeyn, make and declare my laft will and
teftament in manner and forme hereafter following. And firft I bequeath and recomende my foule to
the handes and will of almightie God my maker and redeemer and my body to the earthe, alfo I
dyvife and bequethe unto Katheryne my welbeloved wife my manor of Wytheley with th'appurte-
naunces in the countie of Worceter, and all my landes and tenementes in Wytheley in the fame
countie for terme of her life. Item I give and bequethe to my fonne William a bafon and Ewer of
filver and parcell gilt. Item I give and bequethe to Mabel my doughter fourtie poundes to be delyvered
to her at the day of her mariage fo that fhe be ruled and ordered in her faide mariage by my faide
wif her mother. Item I give and bequethe to my doughter Jane, fourtie poundes to be delivered
to her at the day of her mariage, fo that fhe in likewife be ordered by her faid mother, And if it
fortune any of them to dye before mariage, Then I will that her faid portion fhall goo and remaine
to the furvivor of them towardes her better preferment in mariage fhe being ruled and ordered therin
as is aforefaide and if they bothe happen to dye before marriage then I will that my wife fhall have
and retayne the faide fomes to her owne ufe. Item I will that my faide fonne William fhall have

Family of Cookhill and Wheatley.

after that he fhall come to the full age of xxj yeres, foure poundes yerely paide unto hym by my
faid wife during her life towardes his fynding. Alfo I will that my fervauntes William Mylles,
Chriftopher Bankes, John Humfrey, William Oking, William Patefon, Morice Bulle and Markes
Wynter being in my fervice at my departure of this tranfitorye worlde (hall have every of them one
yeres wages with the quarter of the yere that I dye in, to be compted one of the iiij quarters of the yere.
Alfo I will that within a convenient tyme after my dethe fy ve poundes in redy money be diftributed and
beftowed emonges poor houfeholders dwelling in Sainft Martyns paryfhe befides Charing erode or
elles where by the difcrecon of myn executrix. Item I bequethe and give to Margerye Foreman a
blacke gowne requyringe her to praye for me. Item I give and bequethe to John Rowland page to
the robes a ringe worthe twentye (hillinges. Item I give and bequethe to my frend Mr. Wentworth,
clerke of the kechen Mr. Thomas Worth and Mr. Stephen Darrell and every of them a ring of the
price of xiij5. iiij'1. for a remembraunce. Alfo I give and bequethe to my filler in law Alice Wolmer
a ring of the value of xiij'. iiij'1. The refidue of my goodes and cattalles as plate redy monev, juelles,
apparell, houfehold ftuf, leafies and other goodes, moveable and unmoveable, my debtes paide and mv
faide legacies and bequeftes duely performvd I will, give and bequethe fully and holly to the faide
Katherine my wife whome I ordeyn and make my onely executrix trufting verely and alfo hartely
defiring and requyring her in confideracon that I have aflured all my hole londes and pofleflion to her
for a joynter during her life that fhe fe this my lafr. will and teftamcnt in every poynt to be well and
truely accomplifhed and performed, And alfo that fhe be loving and naturall to her faide children and
myne. And overfeers hereof I ordeyne and make my truftie and derely beloved frend Mr. Fitz
William gcntilman ufher of the princes pryvy chamber hartely defiring him to fe this my laft will and
teftament fulfilled and executed and to put his helpc and afliltance thereunto. And for his payncs
therin I give to hym a gelding of the price of five markes. In witnes wherof I have herunto fublcribed
my name and fette my feale.

Nicholas Fortescue.

Ultima Voluntas.

In the name of God Amen the xxviij"' daie of Auguft in the yere of our Lordc God a thoufand
five hundrcth fourtie and nyne I Nycholas Fortefcuc grome porter of the Kingcs mod honorable
chamber in th'accomplihmcnt and further declaracion of my laft will made the ix"1 day of July in the
yeare of our Lord God 1544 concerning my maner of Wytheley with th'appurtcnances specified in
my faide will, I will and bequeathe the fame with all my landes and tenements in Wytheley to
Katheryne my wife fo terme of her lyfe, and after her deceafe to rcmayne to my fonne William
Fortefcue and the heyres of his body lawfully begotten and for lack of fuchc yflue I will the laid
maner and all and finguler the premifies fhall remavne to my doughtcr Mabcll Fortefcuc and to the
heyres of her body lawfully begotten, and for dcfaulte of fuch ilTue I will the faide maner and all and
finguler the premifies fhall rcmayne to my doughtcr Jane Fortefcue and to the heyres of her body
lawfully begotten, and for defaultcof fuch yfiue I will the (aide maner and all and finguler the premifies
fhall rcmayne to Matter William Fitz-William and to his hcires forever. In prcfencia mci Johannis
Bell, ele'ei hoc teftamentum lcclum ct approbatum per dictum teftatorcm unacum codicillo Richard
Haywood.

Proved together with a codicil at London on the 27th day of September, a.d. 1549 by the oath of
Katherine the relic! and executrix in the above will nominated.

Family of Cookhill and JV heathy.

Funeral Certificate, copied from the original in the College of Arms, by T. Planch*?, Efq.,

Rouge Croix, July, 1 864.

The right worftiipfull Sir Nicholas Fortefcue of Cookehill in ye county of Worcefter Knight
Departed this mortall life at his lodging in Fetter lane London ye 2d of November 1633 and was
thence conveyed to his houfe aforefaid and interred in a Chapell belonging to the faid houfe ye 20th of
ye fame moneth. He mar: Prudence ye Da. of . . . Whetley of Holcome in ye county of North11.
Efq., fometyme Prothonotary of yc Coinon pleas by whom he hath y flue 5 fonnes and two daughters,
viz' Wm Fortefcue Efqre his fonne and heire mar: to Joanee Da : of Tho : Wilde of Glafeley in ye
county of Salop Efqre by whom he hath yflue 3 fonnes John eldeft fonne about 11 yeares of age,
Francis 2nd fonne, William 3d fonne, and Mary a dau : about 13 yeares of age. Francis 2d fonne to ye
defundx, Edmund 3d fonne, Nicholas 4th fonne, and John 5 fonne ; all of them as yet vnmaried.
Martha eldeft Da: to ye defunct mar : to Nicholas Lewis, 3rd fon of Sir Edward Lewis of the Vanne
in the county of Glamorgan K' by whom he hath yflue yl now lives only Martha a dau. Prudence
youngeft Da : to y- defunft as yet vnmaried. The faid Sir Nicholas Fortefcue did by laft Will and
Teftament nominate Sir Bafell Brooke of Madeley in the county of Salop Kl. Frauncis Plowden of
Shiplake in the county of Oxon : Walter Brooke of Lapley in the county of Staff : & William Lake
of London Efqie. to be his executors. This Certificate was taken by George Owen Rougcroix ye
29th of November 1633 to be recorded in the Office of Armes and certified to be true by the
fubscripcon of

Basill Brooke
W. Brooke
Fra: Fortescue.

SECOND LINE

Lewis Fortescue, 4t
John Fortescue of I
none, by Alice Cook\ I
a Baron of the Exc f
ob. 1545.

John of=pHoNOUR, dau. of

Fallapit,
ob.1595-

Edmund Speccot
of Speccot, or of
Sir F. Speccot,
ob. 1606.

Jane. = George
Reynel
of

Malfton.

Peter,

living

1543-

r r — "~

(1) Edmund,=j=Mary, dau. of (2) George, (3) Edward,=j=

ob. 1624.

Henry Cham- bap. 1557- bap. 1560.

PERNOUNE,flfter

to Sir Richard
Champernoune.

Anne.=John Plum-

LEIGH of

Dartmouth,
1567.

Mary.=Harry
Lus-

COMBE,
1561.

Jane.= iu, Richard
Itals of
Kenedon ;
2nd, Sir H.
Rolle.

Annis.

(1) Henry, (2) John, bap. 1586 ;=pSARAH, dau. of Sir
bap. 1579; ob. 1649. He mar. Edmund Prideaux.
diedyoung. 2ndiy, Elizabeth .. . She ob. 1628, aged

(3) Francis, (4) Nicholas, Honour, ift=2nd to Humfrey Mary, Elizabeth,
bap. 1579. bap. 1587. to S. Shili- Prideaux, died

ton. 1 600. young.

(1) Sir Edmond of=pjANE, dau. of South
Fallapit, Knight, bap. cote of Mohun's
1610; mar. 1633. Ottery.

(2) John,
bap. 1614.

(3) Thomas,
bap. 1615.

(4) Pa
Cruftji
1617

Sir Edmund, =pMargery, dau. of

Baronet, b. 1642 ;
ob. 1666.

5th Lord Sandys
of Vine, Hants.

Mary.=G. Southcote of Jane, bur.

Buckland-Monath, 1641.
1654.

Catherine,
mar. 1652.

Sir Sandys, ^Elizabeth, dau.
Bart., bur. 1680, of Sir John
Nov. 2. Lenthall.

Jane, d. = William
1682. Colmar of
Gomhay.

Elizabeth.

Sarah, bur.
1685.

( 1 ) Mary, fuc- =
ceeded her father
at Fallapit.

Mary, =John Spooner,
ob. S.P. Efq.

Edmund Wfc
aunt Elizabu
lapit eftatesji
Fortescue ;
Fortefcue Pe\\

OF FALLAPIT.

n of=

=Elizabf.th,

dle-

dau. and heirefs

rHY;

of John

uer,

Fortescue

of Fallapit.

1
1

Ben net,
living
•543-

Philip,
living
'543-

Nicholas =pJane, dau. of

of Maw-
^an in
Cornwall.

Robert Hill of
Heh'gan, widow of
Richard Vivian.

,ewis. = Lower,
dau. of
John
Sam-

William, mar."
1ft, Elizabeth,
dau. of W.
Sleman. No
ifTuc.

-Christian,
dau. of John
Vivian of
Trela-
warren.

Agnes,
mar.
George
Bowden.

Thomas. -

Elizabeth,
m. Room
Slk.man.

Thomas of Dart-= .
mouth, Fellow of of
Exeter Coll., Ox-
ford, 1557; died
1602.

. . dau.
Gracn-

FYLDE Or

Grinville.

Nicholas.^ .

"r~r~i

3 daughters,
married to
Amerideth,
Hele,

Ll'SCOMBE.

OHN

Iycholls,
601.

George. John. Ralph. Edmund.

A dau. mar.
Walter Doting
of Totnes.

Siiulla. Honour.

Agnes.

I.i in is. Margaret.

i of=j=ELIZABETH, dau. of

John Bastard of
Garfton.

(5) Georoe,

bap. 1620.

Mary. = R. Wise of
Totnes, 1 629.

Bin 'i.KT, bap.

.1620.

[N Gl.ANVIL

liddie
nple.

Edmond of Cruft^rMAHV, dau. of Samp

and Fallapitj bur.
•733-

son Wm of Dittig-
ham, bur. I 722.

John. Peter of =Anne

Pn ftwin. bur.
1696. S. P.

I Hon. William
rtescue of Buckland-
leigh, ob. 1749.

(2) Elizabeth, fuc-
ceeded her lifter Mary
at Fallapit, ob. 1768.

(3) DoHOTiny-pTiioMAs, fon of
Sir Thomas
Bury.

• 1 1 ^ 1

Peter, Edmund, Sarah, Grace

Thcfe 4 died young.

Catherine. =pRev. N. Wills.

i fucceeded his great
Fortescue in the Fal-
id took the name of
t ifluc. (See the Wells
ree.)

Family of Fallapit ^ fecond line.

Chap. V.
The Forte/cues of Fallapit, fecond line.

E now return to Louis Fortefcue, third and youngeft Ton of John Fortefcue
of Spridleftone by Alice Cockworthy, and brother to Nicholas the Groom
Porter, and to Anthony, Marfhal of the army in Ireland. He was bred to the
law; and fo diftinguimed himfelf that, in the autumn of 1536, he was appointed a Reader
of the Middle Temple,1 where he had ftudied; and on the 6th of Auguft, 1542,2 in the
thirty-fourth year of Henry VIII., he was made fourth Baron of the Exchequer, quamdiu
fe bene geflet.3 His falary was 46/. 13*". \d. per annum.'1 Baron Fortefcue lived about three
years longer, dying in the autumn of 1 545. His arms were placed in the Hall of the Middle
Temple, in the third window towards the north/' He married Elizabeth Fortefcue,
daughter and fole heir of John Fortefcue of Fallapit, and thus acquired that property which
defcended through his fon John to the laft male pofleflbr of that eftate, and afterwards,
as will be feen, through an heirefs of the prefent proprietor. By his will dated 26th of
January, 1543, and proved on the 23rd of October following, after bequeathing his lands in
Plympton and Morleyth, he leaves " fix of my beft feather beds to my wife, with appur-
tenances, for her life, if fhe live fole, and at Fallapit. To my brother Nicholas four
marks in gold," which his wife is to make into a crofs, M in what fafhion to her it fhall feem
meet."0

The iflue of Baron Fortefcue was fix fons : — John, Peter, Thomas, Benet, Philip, and
Nicholas ftyled in Stemmata Fortefcuana, M of Mawgan in Cornwall ; " and four daughters,
Anne, Joan or Jane, Mary, and Anne, all living in 1543."

The eldeft fon, John, inherited Fallapit, and fo preferved to the Fortefcue name for
feveral generations that ancient feat.

He married Honour, daughter of Sir T. Speccot, s of Speccot, and died December 25th,
1595, aged 70 years, leaving iflue three fons and four daughters. He was buried in Eaft
Allington Church, where two M very fine effigies in brafs " mark the tombs of his wife and
himfelf.9

1 Fofs, Judges of England, V. p. 181. 2 Dugdalc, Cliron. Scries, p. 8b. 1 Patent Rolls.

4 Exchequer Tellers Rolls. J Dugdale, Chron. Scries, p. 8b. 6 Will, Doc. Com.

7 Wills and Pedigrees, Stem. Fort.

H Mr. Fortcfcue's Letter; Stem. Fort, makes her daughter of Fdmund Speccot.

9 Church Heraldry of Devon, by Urban de Valencourt, Kt., p. 7.

28 Family of Fallapit, fecond line.

There is a portrait of him at Fallapit Houfe, with the following infcription :—

" John fFortefcue fil. Ludovici unius Baron, ex Elizabetha fil. et haered. John ffortefcue
de ffallapit de ftirpe Henrici ffortefcue Cap. Juftic. Hibernian.

Anno Dom. 1 598. ELt. fuas LXX.
This day brave,
To-morrow in grave.
Spero in Deo." 1

Thomas Fortefcue, a younger brother of the above John, married, and left ifliie two

O.J£llTT.0£L.kSC.

Fallapit House.

fons, one of whom, Thomas, who ftyles himfelf "of Dartmouth," in his will dated 10
November, 1595, and proved 1 June, 1602, leaving bequefts to Exeter College, Oxford, to
the poor of various parifhes, and for an almfhoule. To feveral friends he leaves " rings
with the following pofies:" " Mortis amici pignus," " Be careful to pleafe," " Live in hope."

1 Mr. Fortefcue's Letter.

Family of Fallapit, fecond line. 29

His " wife's ring or fignet of arms, being the arms of Grenfyldes," (probably the old form of
Grenville), he leaves to his coufin, Edmund Raynell. This Thomas Fortefcue does not
appear to have left any iflue.1 He died in 1602.

John Fortefcue of Fallapit, who died in 1595, was fucceeded by his eldeft fon, Edmund,
born in 1552. He was High Sheriff of Devon in 1623. He married Mary, daughter of
Henry Champernoune, and fifter of Sir Richard Champernoune, of Modbury Court,2 where
this ancient family lived for many generations, from the reign of Edward II., in great
fplendour. By her he had four fons, viz. Henry, who died young, born a.d. 1594 ; John,
his heir ;3 Francis, and Nicholas ; and three daughters, viz. Honour, Mary, and Elizabeth.

He died in July, 1624. There was an inquifition port mortem held at Kingfbridge, on
the 20th of the following October, by which it appears that Edmund Fortefcue was feized
at his death of the lands of Great Vallepit in Eaft Allington, of the Manor of Lamfide, in
the fame parifh, and of the advowfon of the Church of Eaft Allington, of the Manors of
Aiftirudge and Dorfley, in Harberton ; of the Manor of Prefton, in Blackawton ; of the
Manor of Blagdon, in Weft Allington, " with many others."

He was buried in Eaft Allington Church, where is alfo the grave of his wife Mary,
who died in 161 1, with this infcription : —

" Here lieth a wight of worthy defcent,
Whofe lofs for her worth the people lament ;
The Rich for her love and kind affabilitie,
The Poor for her alms-deeds and I Iofpitalitie.
ob. 28 Jan. 161 1."4

Edmund Fortefcue was fucceeded by his fon John, who married Sarah, daughter of
Sir Edmund Prideaux, Baronet, of Nethcrton, who died, aged 44, in 1628, by whom he
had iflue five fons, viz. Sir Edmund, John, Thomas, Peter, ftyled " of Cruft," whofe fon
eventually fucceeded to Fallapit,5 and George ; and two daughters, Mary and Bridget.

This John Fortefcue lived in the troublous times of the great Civil War. He took
arms againft the Parliament, but having furrendercd himfelf to Sir Thomas Fairfax, was, in
the year 1643,0 committed a prifoner to "the Clinke," or Winchefter Houfe, along with
his fon Sir Edmund. It appears that another fon, Peter, had been previoufly imprifoned,
for there is an order in the Commons Journals at this time, directing that Peter Fortefcue
(hall be removed to Winchefter I loufe, and ftiall have liberty to attend his father. Both
father and fon were foon after exchanged for two Parliamentarians.

1 Wills. 3 Handbook, for Devon, 59.

4 PolwhelPa Devon, iii. 466. Comp. Papers 4 Stem. Fort.

' Journals of I loufe of Commons (1642, 1643), vo'- >'• 9°3, 9°9 ; vol. iii. 203, 212.

1 1. I'. 11

3o Family of Fallapit, fecond line.

In 1645 he obtained from Fairfax an order for the protection of "his home at Eaft
Allington from plunder," and petitioned the Committee to prevent the falling of his timber
there. His previous " delinquency/' however, was not altogether forgiven, but appears to
have been strictly inveftigated, and he was forced to compound for his eftates for the fum
of 66 il. 4J. \od. There is a certificate in the " Compofition Papers," that " John Fortefcue
of Fallapit took the oath and covenant on the 4th November, 1646 ;" and another, dated
June 28, 1649, to teftify " that he was an inhabitant of the City of Exeter for feven months
before its furrender." This certificate may have been obtained to prove, by way of alibi,
his abfence from more active operations againft the Parliament. Exeter was furrendered to
Fairfax in April, 1646.

It appears from his will, dated in 1647, that John Fortefcue had married a fecond wife
who furvived him. Her name is not given. He defires to be buried at Eaft Allington,
" on the north fide of the grave of his never-to-be-forgotten deceafed wife Sarah," who had
died feventeen years before. He died in 1649, having furvived his eldeft fon Sir Edmund,
the well-known Royalift, and was fucceeded in his eftates by his grandfon, the fecond Sir
Edmund.

Sir Edmund Fortescue.

Sir Edmund Fortefcue, the eldeft fon of John Fortefcue of Fallapit, was born at Fallapit,
and baptized in the church of Eaft Allington, July 15, 1610.1 He married, in 1633, Jane
Southcote of Mohun's Ottery.2

Upon the breaking out of the Civil War, he, like his father and family, took the king's
fide. In the year 1642 he was appointed by Charles High Sheriff of Devonfhire, a poft to
which he certainly would not have been chofenatthat moft critical time, if he had notfhown
other qualifications befides that of his ftation as fon and heir to a gentleman of large eftate.
The year of his fhrievalty was deftined to be a memorable one. The Royal Standard was
raifed by the king at Nottingham on the 25th of Auguft, and in October of that year the
firft conflict between the two parties took place at Edgehill, when each fide claimed a victory.
Then followed in moft counties armed rifings of the people. In Devonfhire the Parliamen-
tarians were led by the Earl of Bedford, and at firft carried all before them ; but towards
the end of the year Sir Ralph Hopton having arrived with a confiderable body of troops,
recovered many of the towns for the king, and upon reaching Modbury, a town near
Fallapit, was joined by the fheriff at the head of his " Pofle Comitatus," where they were
foon furprifed by Colonel Ruthven, "the Scotch Colonel," with 500 Parliamentarian horfe
from Plymouth, and, notwithstanding their fuperior numbers, were entirely routed, and Sir

1 Eaft Allington Regiftry.

Ped. in Stem. Fort., and Burke Comm.

VERA AC VIVA EFFIGIES' EDMVND1
FORTESCVE !>E FALLAPITT IN COMITATV
DEVONIAN ^LQVmS AVRATI PRO OBEDIENTIA
I SVA CAROLQ M AGN A". BRITTA N N IA. KEGI
NVNC IN IK>LLANMA I '.XV LIS,

Htir* /ja utiles stvt/i

I Jl<f *«■ Cen-ths

From a Drawing of the onoin.il Print. m< ths Bedlutai Library . Oaf crrd, 1B64.

Family of Fallapit, fecond line. 3 r

Edmund taken prifoner. The following account 1 will be read with intereft, having been
written immediately after the events : —

" Plimouth, Decemb. 9, 1642.

" Sir Nicholas Slaning and Sir Ralph Hopton have entered Devon, as you have alreadie
heard, with two or three thoufand foote and horfe, and firft tooke Tavcftocke, and next
Plymton neere Plymouth; and after went to Modbcrry, leaving thefe townes fortified,
where the high SherifFe of Devon, Sir Edw. Fortefcue met them, and by his warrant of
Poffe commitatus called many thoufands together at Modberry on Tuefday and Wednefdav
laft, where they thought by examining everie man to perfwade the people to'ftand againft
the Parliament, either by faire or foule meanes, and alfo to increafe their armie by taking up
of volunteeres, and arming them with the armes they could take from honeft men that were
unwilling to follow their defines, by which mcancs they would certainely have gotten many
to ferve them, for that moll part appeered from 1 8 yeares to 60 yeares, but it hath pleafed
God to fruflxate their defignes for this time, by meanes the Scottifh Colonell went hence on
Wednefday morning by foure of the clocke with foure troopes of horfe, viz. Bar. Drakes,
Captaine Tompfons, Captaine Pimmes, and Captaine Gooldes, and about 200 Dragoneeres ;
and comming to Modberry about nine of the clocke, all the Countrie people fled, mod of
them being naked men, and thofe that had armes alfo threw them down and ranne away
without any armes or horfes ; by which means, with the Lofle of one man, they tooke the
high Shereffe Sir Edmond Fortefcue, Baronet Seymer and his eldeft fonne which was
Knight of the Sheire for Devon in Parliament, and Squire Arthur BafTet of the North
of Devon : (a notable Malignant) but the Clarke of the Peace, and about thirteene Gentlemen
more, which they carried from Dartmouth, and this day fent them hither by fea (God fend
them a faire winde, I hope there will be 30. or 40. great Malignants fent from hence to
London). Sir Nicholas Slaning, and Sir Ralph Hopton efcaped very narrowly: Captaine
Goold, I heare, is fent with his troope to Exon to defire fome aide from thence, which if
they come to joyne with our forces with Dartmouth and Plimouth (I hope, by God's
affiftance) they will be fpeedily fuppreffed. Our foldiers are heartie to the Worke, at
Madbury they got great ftore of monie, horfe, and armes from the Gentrie they met there.

"Vale."

1 Remarkable Paflagcs, newly received, of the great Overthrow of Sir Ralph Hopton and his Forces, at
Madburic, 12 miles from IMimouth. W ith the taking of the High Sh< rife (Sir Kdmond Fortcfcu) prifoners,
and divers others of Note, their names being here inlerted. The which Particulars were fent in two
Letters to Gentlemen of good Credit here in London. London: Printed tor Henry Overton, Decemb. 14,
1642.

3 2 Family of Fallapit, fecond line.

"Master Stock and Loving Friend,

" Since the writing of my Letter a friend is come hither upon purpofe from Exeter, to
bring us tidings of a brave exploit done by the Plimouth Forces, worthy to be Chronicled,
a neat and true relation, and fit for the Preffe, is as followeth.

" Upon Tuefday laft at night, being the 6. of this inftant, the Commanders of the
Garrifon at Plimouth entered into confultation concerning what was fit to be done, and
having intelligence that the Sheriffe lay at Madbury, where the trained bands by vertue
of his PofTe Comitatus met that day, and the next, the Cavaliers chiefe quarters being at
Plympton, within 3. miles of them, thereupon they framed their defigne. Very early in the
morning Captaine Thomfon, Captaine Pym, and Captaine Goold, and fome others, with
500. Horfe and Dragooners, marched away very privately Northward, toward Roubard
Downe, as if they meant to goe to Taveftock, and then wheeled about toward Ivie Bridge
on Plimouth road, and fo went to Madbury, where in Mafter Champernons houfe, and in
the Towne, they found the Sheriffe, with divers other Gentlemen of quality, and 2000.
trained Souldiers, and Voluntiers; prefently on their approach the Trained bands crying out,
the Troopers are come, run away, many of them leaving their Armes behind them. The
houfe was befet, and the Sheriffe ftood upon his defence untill it was fired, and then
the Affailants breaking in, poffeffed the houfe, and tooke divers prifoners, to the number of
20. or thereabouts, amongft which were thefe that follow, Sir Edmond Fortefcue high
Sheriffe, Sir Edward Seimor Baronet, Mafter Edward Seimor Knight of the Shire, Mafter
BafTet, Captaine Champernon, Captaine Pomeroy, Captaine Bedlake, Captaine Peter
Fortefcue, Mafter Barnes, Mafter Sheptoc Clerke of the Peace : After which they marched
away towards Dartmouth, with their prifoners, where that night they fafely arrived, bringing
good ftore of Armes with them.

" This good newes I could not but write, although 10. at night ; I conceive, nay I heare
they will there Ship thefe prifoners for London, I wifh them a faire wind to bring them unto
Winchefter houfe, or fome fuch place : Mafter Hill underftanding the wayes of the March,
will fay it is as brave an exploit as hath been attempted a long time, unto whom, with all
my good friends that fhall be at the reading hereof, I pray remember him that is always
ready to ferve you, &c.

« R. B.

" Dated Decemb. 9, 1642.

" We have now Letters from Portfmouth, where they are very couragious, and ready to
doe exploits."

" The houfe " mentioned in the narrative where Fortefcue and his companions defended
themfelves was Modbury Caftle, the refidence of the Champernounes.

Sir Nicholas Slanning did not leave the neighbourhood, but entrenching himfelf near the

Family of Fallapit, fecond line.

town with 2000 men, held out until the February following, when he was defeated by the
Devonfhire clubmen.'

Sir Edmund was forthwith fent to London, and was, after a few days, transferred to
Windfor Caftle, whence he was removed to " Winchefter Houfe."

On the wall of the chamber in Windfor Caftle, fituated near the Norman Gate, and
Round Tower, fome writings were found, not very many years ago, which identify the fpot
of his imprifonment.

SIR EDMVND FORTESCVE PRISONER IN THIS CHAMBER.
THE i2th DAY OF ANNARIE 1642.

Pour LE ROY C

FORTESCVE.

Forte-SCUTVM
SALVS DVCVM

Here is a rude outline of the
family fhield of arms.

S>
E F

22 OF MAY.

Sir Edmund did not remain long in prifon. The date of his releafe, by exchange or
otherwife, does not appear with thofe of his father and brother Peter, but it was not
later than the autumn of 1643. In the following year he was once more actively engaged
againft the Roundheads in Devonfhire, as his letter to Colonel Seymour, the Governor of
Dartmouth, will (liow.

The Royalifts then ftill held out bravely.

Sir Edmund Forte/cue to Colonel Seymour.

"My Dearest Friend,

u Prefently, upon the receipt of your letter, I idreflfid myfelf to his Majelty, and made
known to him your jult, fair, and moft ncccfTary defires.

M His reply to me was, that he wifhed the thing done, but now he could not poffibly
fpare any horfe or foot for the redemption of thofe parts from the perjured devils that are
now in them.

1 I.yfons' Devon, ii. 341, quoting Vicar's Parliamentary Chronicle, i. 226, 2"1. Sec Clarendon, iv. p. 612,
Appendix, for death of Sir Nicholas Shinning.

2 Sec JcfTc's Windfor and Kton, p. 101.

Family of Fallapit, fecond line.

" But with this I did not reft fatisfied, but with fury made it known to fome of my
friends, who, with zeal in thebufinefs, again affaulted the King for a fupply ; buthisanfwer
was the fame to them as he formerly gave me.

" After which I met with Sir Thomas Hele, and then we joined forces and went at it
again. But the king was Jemper idem ; and yet we did not defpair ; but almoft difheartened
at laft we delivered all to the Lord Hopton, who was tender of it, and promifed to do his
utmoft for our endeavours ; who after much difcourfe with his Majefty, plainly told us that
till this argument was thoroughly difputed with Effex no man could have a placet.

" This made me almoft mad, and then having a difti of claret, I hartily chirped your
health, and another to the fair lady governefs, and then again to the noble governor on top :
and after fome few rounds, as long as the French fpirits lafted, in a merry and undeniable
humour, I went to Maurice, of whom I had good words and promifes, which again was
aftiared me by Wagftaff, — one that loves you, — and I am confident I fhall prevail very
fpeedily for fome horfe, either Sir Thomas Hele's or Sir Henry Cafey's Regiment.

ct Sir, nothing fhall be neglected by me in which I may do you fervice. Ralph can tell
you that in the profecution of it I was near a mifchange on a rotten bridge near the Court,
where we are ; and what we do I fhall leave to honeft Enfign Hemmerfon's relation. This
is the laft acl of the play. God grant that each man may do his part well.

" My moft humble and ever beft fervices fhall attend you, your fair lady, and your's.
This is the unalterable refolution of your ever conftant and moft faithful fervant,

"E. Fortescue.

" From the army near the rebels in Loftwithiel, 23rd Auguft, 1644.
" My fervice to Major Fitzjames, Ranfield, Turner, cum multis aliis." 1

Sir Edmund was at this time ferving under and in prefence of the king himfelf, who,
with Prince Maurice and Sir Richard Grenville, were encamped near Loftwithiel in Cornwall.
Here they preffed fo hardly upon the Earl of Effex and his army, that but a few days after
this urgent letter was written, he was forced to embark from the port of Fowey, which lay
in his rear, and fo to efcape to Plymouth, leaving his army with General Skippon to make
what terms they could with the king. They foon furrendered. The men were allowed to
march to Poole and Wareham after giving up their artillery, arms, and ammunition. Their
numbers amounted to about 6000, after the departure of Sir William Balfour, who, with
the horfe, had broken through the Royal army fome days before with the lofs of 100
troopers.2

1 The foregoing Letter is printed in Warburton's Prince Rupert and the Cavaliers, vol. iii., from the Duke
of Somerfet's MSS.

2 See Lingard, x. 118. Clarendon, book viii., a. d. 1644.

Family of Fallapit, fecond line.

We next find Sir Edmund engaged in repairing and defending for the king the Fort of
Salcombe, which protects the entrance of Salcombe harbour near Kingfbridge, and not far
from Fallapit.

In 1 643 he had received the following commiflion from Prince Maurice : —

" Prince Maurice, Count Palatine of the Rhine, Duke of Bavaria,1
"To Sir Edmund Fortefcue Knight.

" Forafmuch as I have received very good fatisfaction that the fort called the Old Bull-
worke near Salcombe, now utterly ruined and decayed, which being well fortified and man'd
may much conduce to ye advancement of his Mat . fervice in annoying the rebells, and fecur-
ing thofe partes from their incurfions.

"And whereas you the faid Sir Edmund Fortefcue have given mee aflurance of your
readinefs and diligence in re-fortifying and re maning ye faid fort :

" Thefe are to will and require you, heerby giving you full power and authority, by
all poflible ways and meanes to refortify and man the (lime, willing and requiring the SherifFe
of the County of Devon, and all others his Mat', officers and loveing fubjeds, to ayde and
aflift you in perfecting of the faid fortification, which fort with the officers and fouldiers you
fhall for his Mat4, fervice by vertue of this commiflion receive into your charge and comand,
requiring all officers, fouldiers, and others belonging thereunto, you to obey, readily to receive
and accomplifh your direccons and comandes. And you yourfelfe in all things well and
duely to acquitt yourfelfe for the belt advanefnt of his Mat*, fervice for which this mail be
your warrant.

"Given at Whitley under my hand and feale att armes, this 9th of December, 1643.

" Maurice."

This old caftle, of Saxon origin, now known as Salcombe Cattle,* was, after it had been
repaired, named Fort Charles. It has now again and long fince become a ruin. It ttaiuls
on a rock cut off" from the mainland at high water, and almoft covered by the tide.
Hearne calls it "a round fort built in the reign of Elizabeth, a little before the Spanifh
invafion."3

In purfuance of thefe orders Fortefcue fet to work to re-build the fort, and then to gar-
rifon, arm, and provifion it. Me has left behind him an account of the details by which
thefe operations were effected/ which are here given in full : —

1 Hawkins's I liflory of Kingfbridge, 1819, p. 88, Sec.

•' Ilcarnc's MS. Diary, vol. Ixvii. pp. 154-162.

' Iliftory of Kingfbridge, and MS. from Mr. Fortefcue of Fallapit

- Mr. Fortefcue 's Letter.

Family of Fallapit, fecond line.

" Payments and difburfements on Fort Charles, both for the building, viduallynge, and fortifying
it with great guns and mufquets. Perfe&ed January ye 15th, anno dom. 1640 (1645).

s .

In the building .»•• •••••■

1355

And for timber, ordnance, powder, mot, muflcets, fwords, and various warlike

articles . . . • • • ;

1031

A true and juft particular of all the provifions in Fort Charles, January 15th,

1645, at

which

time, if- uric ft i r mt i n A t>A ?r\A hpfipcrpA hv ^ir Thnmas Favrefaxe the Parliament General
nine it WaS lurrouimeu diiu uciictcu uy on ± nuuiaa ± ayj v,iuav. k|iv »».*.%.»**.

Imprimis — 1 butt of facke . - • •

Item, 10 hogfheads of punch — nine at 5/. per hogfhead ....

Item, 1 tun of March beer ......

Item, 10 tuns of cider at 3/. 10s. .......

Item, 22 hogfheads of beef and pork at 7/. 10s. per hogfhead

165

Item, 1 butt of oyle

Item, 3 hogfheads of vinegar

Item, 48 bufhels of peafe at jd. per bufhel ......

Item, 2 hogfheads of meat

Item, 4 hogmeads of grits ........

Item, 2000 of poor jacks ........

Item, 6000 of dried whitings at 8^. per cent. .....

Item, 300 of ox tongues ...... .

Item, 500 weight of candles .......

Item, of bifquet, 8000 weight, at 9/. per thoufand .....

Item, 12,000 weight of butter, at 51. per hundred .....

3°

Item, 6 pecks of fruit .

Item, 100 weight of almonds .......

Item, 15 quarters of coales, at 3/. .

Item, 100 bufhels of charkole .......

Item, 2 cafes of bottles full with rare and good ftrong waters ...

Item, 20 pots with fweetmeats, and a great box of all forts of efpecially good dry

preferves .........

Item, the Churgion's cheft ........

Item, 100 weight of raw milk chefe .

Item, 30 barrels of powder, at 61. per barrel . . -

180

Item, 1000 weight of mufquet balls, at 22 per cent. ....

1 1

Item, 10 rolls of tobacco, being 600 weight at lid. per pound

Item, for three fides of bacon .......

Item, for three doz. of poultry .......

Item, for 5 fheep .........

Family of Fallapit^ fecond line.

Item, for 35 tunne of cafkes for beer, cider, beef, pork, fifh, grits, meat peafe, and

water, at 16s. per tunne
Item, for 200 of lemons

The total fum is
More for great fhotte

In all it makes the full fum of

Long live King Charles. Amen.

I s. d.

28 o o

o 16 8

740 1 6

32 17 6

3157 17 6

Memorandum. — That in thefe accounts of 31 57/. 1 71. 6d.y not one penny is put down for beds,
bedfteads, cerecloths, meets, blankets, bolfters, pillowes, curtinges, vallances, curtain-rodds, pewter,
table-boards, cupboards, fpoons, buckets, tubbs, potes, glades, bedroods, matts, all the beams and
timber, chayres, ftools, chefts, firepanns, {hovels, tongs, and irons, bellowes, and all other forts of
houfehold ftufF with which 'tis fully furnifhed.

Attcfted by me,

E. Fortescue.

Item, more for forty halberds, at 6s. %d. each halberd ....
Item, for 86 great bafketes to ftand full with earth on the upper decks, and on the
tops of the walls, at 5;. 6d. each bafkett .....
Item, for 46 lefs baflcetts for the fame purpofe, at lod. each bafkett

This fumme is .

This fumme of 38/. js. od. being added to the former fumme of 3 1 57/. I "Js. 6</., make
both together the full fumme of .....

Ita eft,

£ s. d.
1568

23 2 0

1 18 4

38 7 o

£3196 14 6

E. Fortescue.'

" Here followes the names of the officers and foldiers in Fort-Charles, the 1 5th day of January,
1645, at which tyme twas befeiged by Sir Thos. Fayrefaxe' commande, the Parliament Gcnerall.

Sir Chriftopher Luckner.
Mr. Thomas Fortefcue.
Captain Peter Fortefcue.
Major Syms.
Major Stephenfon.
Captain Rock.
Captain Kingfton.
Captain Powett.
Captain Peterfield.
Captain Doues.

Sir Edmund Fortefcue, Governor.

Mr. Sncll (chaplain).
Hugh Harris.
James Cownes.
Thomas Lightfoot.
Patrick Blackct.
John Harris.

Samuel Stodard ((hot through the head, 31ft

March, 1646).
Robert Nugent.
Hugh Haedway.

Family of Fallapit, fecond line.

Lieut. John Ford (ran away, 27th March, 1646).

Matthew Bordfedd, furgeon.

Peter Davye, fergeant.

Andrew Margan, fergeant.

James Dackum, fergeant.

Briant Brown, mafter-gunner.

Richard Lamble, his mate.

Henry Browne, another mate.

George Lindon, armourer.

Arthur Scobble, N

John Powell,

Alex. Weymouth, V corporals.
Richard Wolver,
Robert Terrye, j

John Hodge, corporal, ({hot and lame, went by

leave, 10th April, 1646).
Chriftopher Wife.
John Froft.

William Cookworthy (ran away, 8th March,

1645-6).
John Gould.
John Stone.
Michael Small.

Thomas Phillips (fhot through the left arm and
fide, 1 2th March, 1645-6).

Robert Prittiejohn.
Peter Crofs.
Walter Merrifield.

Stephen Crofs (ran away, nth April, 1646).

James Froft.

Edwd. Yeabuy.

Thomas Caufe.

Geo. Kingfton the younger.

John Evans.

Hercules Giles the younger.
Peter Joynter.

Thomas Ouarme (being fick went by leave, 19th

January, 1645-6).
Hugh Perradey.
Richard Winter.
Arthur Lidfton.
Thomas Wakeham.
Nathaniel Port.
Peter Michellmore.
Thomas Hupkins.
Laurence Meyle.
James Cookworthy.
Richard Martin.
Briant Browne the younger.
Zachary Hupkins.

Total, 66 men, befides two laundrefles, viz , Mary Browne, and Elizabeth Terrye."

" For the expenfes of this garrifon, Sir Edmund Fortefcue had an order from the Com-
miffioners of the county of Devon, dated from the Charter Houfe, Exeter, the 12th day of
Auguft, 1 644, aligning him the weekly contributions of the parifhes of Marlborough and
Portlemouth, the former amounting to ill. 1 55., and the latter to 61., making together a
total of 17/. 15J., and this he continued to receive from the conftables of thefe parifhes till
the firft day of November in the fame year, when it was further ordered by the faid Com-
miffioners that he fhould be paid 14/. a-week by Mr. George Potter, fuppofed to be the
receiver-general for the county of Devon ; and this perhaps proceeded from the Parliament
army having by that time poffeffed themfelves of the neighbouring diftricrt, fo as to prevent
thefe payments from being made by the parifhes to the Royal party. On the firft day of January
following, Sir Edmund was empowered to receive the faid 14/. weekly from Lieutenant-
Colonel Modiford ; and from him it is believed the knight continued to be fupplied. By
fome papers, which are fo much defaced that it is impofTible to make out more than detached
parts, it appears that the governor received a weekly contribution of 7/. is. %d. for fome

Family of Fallapit, fecond line.

time from the conftables of Weft Alvington (a parifh adjoining to Marlborough), and that
he was paid by them to the amount of 245/. 16s. \od. This, it is prefumed, was what he
had prior to the order of the 12th day of Auguft, 1644.

" Sir Edmund declares ' that he had not taken one fingle penny for himfelf as governor,'
nor made any charge for the furniture of the chambers of the caftle."1

Very foon after the preparations were complete, the Parliamentarians approached the
fort. It was inverted on the 15th of January, 1645-6, by order of Sir Thomas Fairfax.
There is no account of the way in which the fiege was carried on ; but, as there was a
battery on the fouth-eaft more of the harbour exactly oppofite to the caftle, it was probably
by the fire of its three guns that the fort was reduced to an untenable pofition.

It is related that one night the {lumbers of Sir Edmund were difturbed by the leg of his
bedftead being carried away by a (hot, caufing his fudden appearance among his men in his fhirt.

The little garrifon managed to hold out for almoft four months,3 though fome accounts
fay for fifty days only, when they were obliged to capitulate ; and finally agreed to furrender
on very honourable and favourable terms, to Colonel Ralph Weldon. The following is a
copy of the Articles agreed upon on the 7th of May, 1646: —

"Articles agreed one betweene Sir Edmond Fortefcue, Governor off Fort Charles, of y*
one party, and Major Pearce and Captain Halle of the other party, for yc furren-
dering of the faid fort into yc hands of Corronell Ralph Weldon of Plymouth, for
the ufe of King and parlement, to the which articles the faid Corronell Weldon fully
agreed, as witnefs his hand and feale to theft prefent articles yc feventh day of May,
1646, as heare after folioweth.

Imprimis. That fir Edmond Fortefcue, J* gouernor, and fir Chr. Luckner, with there
fervants and all & every of the officers and fouldiers now in yc faid fort Charles, fhall have
and enjoye in there and every of thare feverall and refpective places, capacities, and degrees,
full liberty in thire profeffion of the true proteftant religion profeffed and vowed by both
houfes of this prefent parlement, in their firft grand proteftation, and fhall not act any time
hearafter, by letter or cenfure, in theire or any off their placefs or aboads, or perfeuinge
in yc practice and exercife of popery : Soe itt is agreed y' if any papift there be hee will
forfeit y° benifitt of yc articles.

II. That the gouernor and Mr. John Snell his chaplinge, and all officers and fouldiers
belonginge to the faid fort, fhall have free libertie to go to there owne homes, in any place
or county within this kingdom, or places bee yund feays, and they not to bee molefted for
ye future, they fubmittinge themfelfes to all orders and ordenances of parlement.

Taken from the Hiftory of Kingfbridge.

Sprigg's England's Recovery. Whitelock gives the date of furrender as June I, and Vicars as June 3.

4o Family of Fallapit, fecond line.

III. That the faid fort may not bee knowne by aney other name than fort Charles as
now itt is, or any coate off arames in ye dininge rume defaced ; or any thing beelonginge to
the faid fort.

IIII. That fir Edmond Fortefcue ye gouernor, fir Chr. Luckner, capt. Geo. Kingfton,
with there fervants, bee permitted to goeto there owne homes, fir Chr. Luckner to Fallapit,
thare to remaine, or elfewhare within this kingdom under the pouer of ye parlement, for
the fpace of three months time umolefted. And if they cannot make theire peace with
the parlement, then to have free liberty to pafs from any port within this kingdom bee
younde ye feayes.

V. That the gouernor fir Edmond Fortefcue, his fervants, and all officers and foldiers,
bee quietly permitted to carry any cloathes, monneys, or other goods which they can juftly
clayme as there owne, to thare houfes, and to injoye them without moleftation.

VI. That tenn horfes be permitted for the gouernor's ufe from hence to Fallapit, and
that any officer & foldiers have free libertey to tranfport his or any off theare goods by boat
or other wayes to Kingfbridge, and then to difpofe of them att there pleafures.

VII. That on faturday the ninth off this prefent May, by tenne of ye clock in ye
morninge, ye gouernor and all his officers and foldiers of fort Charles mall then march
out, & furrender ye fame into the hands of Corronell Welldon, or whome hee lhall
appoynte, With all the ordnance, arames, amonition, viclualls, and every other thing there
unto pertayninge not mentioned in thefe articles, without fpoyling, breaking, demilkinge, or
confuminge of the fame.

VIII. That the gouernor, fir Chr. Luckner, thire fervts, and all officers and fouldiers
in the fort, have free liberty to march from hence to Fallowpit with there ufuall armes,
drumes beating and collers flyinge, with bondelars full of powder, and mufkets apertinable,
and after three vallues to yield up theire armes to thofe whome Corronall Welldon fhall
appoint to receive them, the gouernor, fir Chr. Luckner, with both theire feruants, likewayfe
ye officers in common excepted.

IX. That noe officer or foldier, or any other under ye command of Corronell Ralph
Welldon gouernor of Plymouth, fhall any way reproach, fpoyle, philter, or molleft any of
the officers or foldiers of the fame fort in their march from thence to Fallowpit, or elfe-
where att the fame diftance from hence, or in theire or any theire refpective places aforefaid.
Untill ye time of furrender of ye faid fort, their be none pafs in or out, or tranfport any
thinge by feay or land from thence, without ye knowledge of both parties.

X. That fufficient hoftage bee delivered on both fides for the faithfull performance of
thefe articles.

Ralph Welldon.
Richd. Pearce.
Edmond Halle."

Family of Fallapit , fecond line.

4»

The MS. account of the fiege before referred to, ftates " that Fort-Charles had fuftained
two fieges before," and there is faid to have been an item in the governor's accounts " for
greate fhotte and mufquet fhotte when Fort-Charles was formerly twice befieged."

The articles of furrender were adhered to, and Sir Edmund, with his garrifon, marched
out of the fort with flying colours, and proceeded to Fallapit. I am informed by the
prefent Mr. Fortefcue of Fallapit that the key of the caftle {till hangs in the entrance-hall
there.

Three months were, as we have feen, allowed to the officers to decide whether they
would make their peace with the Parliament, or go beyond feas. Sir Edmund chofe
the latter alternative, and crofTed over to Holland, where he took up his refidence at
Delft, remaining there during the fhort refidue of his life. There is a notice of him in
the "Articles of Peace," July, 1646, printed in Thurloe's State Papers.1 It is there
ordered that certain perfons, chiefly Knights, about forty in number, among whom is
Sir Edmund, " be removed from his Majeftie's counfels, and be retrained from coming
within the verge of the Court; and that they may not, without the advice and confent
of the Parliament of England, bear any office in the State or Commonwealth."

He died at Delft in 1647, not later than February; his father's will, dated March ift,
1647, mentioning him as his M fon Sir Edmund Fortefcue, deceafed." He was confequently
not more than 37 years old at his death. He was buried at Delft, in the great church there,2
where a monument was erected to his memory. There is a portrait of him in armour at
Fallapit Houfe, and a very rare print, engraved by Dawkes, at the Hague, of which a
facfimile is given in this work, taken from a drawing of the original engraving, in the Suther-
land Collection at the Bodleian Library.

Of his character we know nothing beyond what is exprefled in the faying already men-
tioned in the account of Sir Nicholas Fortefcue, viz. that both thefe perfons " were obferved
fo wary as to have all their enemies before them."3 He may, however, be fairly ranked
among the Devonfhire celebrities of the period of the great Civil War.

Sir Edmund, the eldeft fon of the exile of Delft, was baptized in September, 164a,1 and
fucceeded in the year 1649, being then feven years old, to the eftates of his grandfather,
John Fortefcue. He married Margery, daughter of 1 lenrv, fifth Lord Sandys of the Vine,
was knighted before 1660, about the eighteenth year of his age, and, on the 31ft March,
1664, was created a Baronet.4 In the year 1660 he petitions Charles II. for the appointment
of Governor of Fart Charles, alleging his father's fervices and expenditure there, and that
the Fort was ufeful for the defence of the country.8

1 Vol. i. p. 81. 1 F.din. Rev., vol. xlv. p. 314.

3 Kncyc. Brit., iii. 2001. 1 I'arUh Krister of Bail Allington, in Stcmin. Fort.

i Burke's Commoners, ii. 543. 4 Cal. State I'apirs, 1 660-1 6b I.

42 Family of Fallapit, fecond line.

In "Kennett's Regifter and Chronicle," 1660, p. 317, we are told that Sir Edmund
published in that year a "Letter on the Spirit of Cockfighting." He died at the early age
of twenty-four, and was buried at Eaft Allington in January, 1666. His wife furvived
until 1687. There is a monument to her memory1 in the Church of St. Paul, Covent
Garden.

The iffue of this marriage was Sandys, an only fon ; and three daughters,— Jane,
Elizabeth, and Sarah.

Sir Sandys, who fucceeded at Fallapit, was baptized in July, 166 1 ; 2 he married
Elizabeth, daughter of Sir John Lenthall, of Bafingleigh, by whom he had an only child,
a daughter, and died in 1680, when the Baronetcy became extinct, and the eftates pafied
to the fon of his grand-uncle, Peter Fortefcue, of Cruft, by Elizabeth Bartond, of Garfton.
This was Edmund Fortefcue, born 1660. He married Maria, daughter of Sampfon Wyfe,
Efq., of Dittemam, and died in 1783, aged feventy-four. Mr. Fortefcue, and his wife, who
died in 1722, were buried in Eaft Allington church, where is a monument to them and
to their fix children. He left no fon to fucceed him, and was confequently the laft male
Fortefcue 3 poffeffor of his ancient eftate. He had, however, five daughters, viz. — Mary,
Elizabeth, Dorothy, Sarah, and Grace. Mary, the eldeft, married the Right Honourable
William Fortefcue, of Buckland-Filleigh, but died at the age of twenty-one, after giving
birth to an only daughter, Mary, in 17 10, who married John Spooner, Efq., and dying
without furviving iflue, the eftates pafTed to Elizabeth Fortefcue, her aunt. This lady, who
was never married, died in the year 1768, aged feventy-three, when the property pafTed out
of the Fortefcue family to her grand-nephew Edmund Wells, Efq., having been in the
Fortefcue name for almoft 350 years.

There is a thin quarto volume, printed in London in 1654 for Thomas Heath, entitled,
" An Alphabet of Elegiack Groans upon the truly lamented Death of that Rare Exemplar
of Youthful Piety, John Fortefcue of the Inner Temple, Efquire, by E. E." Thefe initials
are known to ftand for Edmund Elys, who was rector of Eaft Allington, the parifh in which
Fallapit is fituated, in the year 1660. There is a copy in the Britifh Mufeum. I cannot
identify with certainty this John Fortefcue with any one in the pedigree of Fallapit.

Family of Wells-Fortescue.

Dorothy Fortefcue, fourth daughter of Edmund Fortefcue of Fallapit by Maria Wyfe,
married Thomas Bury, younger fon of Sir Thomas Bury, Knight, and dying in 1733, left a

1 Stow's Survey of London, vol. ii. book vi. p. 90.
3 Burke's Commoners, ii. 554.

2 Eaft Allington Regifter.

Fa?nily of Fallapit, fecond line.

daughter, Catherine Bury, married to the Rev. Nathaniel Wells, of the ancient Lincolnfhire
family of that name, Rector of Eaft Allington, the parifh in which Fallapit is placed, by
whom (he had iflue, with other children (for whom fee the pedigree), Edmund Wells, who
on the death of his great aunt, Elizabeth Fortefcue, in 1768, inherited Fallapit, and aflumed
the name and arms of Fortefcue only. He married Mary Anne, daughter of Peter
Blundell of Colleprieft, in Devonfhire, and had iflue a fon, Edmund Nathaniel William, and
a daughter, Elizabeth, married to Thomas William Sturgeon, fon of F. Sturgeon, Efq.,1 and
Lady Henrietta Wentworth, youngeft daughter of the firft Marquis of Rockingham. Mr.
(Wells) Fortefcue died in 1779, aged twenty-feven years, and was fucceeded by his fon,
Edmund Nathaniel William, born 1777, Major of the South Devon Militia; married, May,
1803, Elizabeth, daughter of the late William Long Trofle, Efq., of Trecolland, in
Cornwall, and had iflue, with other children (fee pedigree), the prefent William Blundell
Fortefcue, Efq., born May 31ft, 18 16; fucceeded to his father's eftates at his death in
July, 1821 ; married, in 1837, Harriet Maria, fecond daughter of Major-Gcneral Thomas
William Taylor, C.B., of Ogwell Houfe, Devon, and had iflue, — Edmund, born, 1839,
Reynell John, born 1845, Arthur Trofle, born 1848, Honor Georgina, Mary Emlyn,
Geraldine Eliza, Frances Amelia, and Ethel Sufan.

We have now, with the account of this fecond line of Fallapit, finiflSed the hiftory of
the feveral branches of Fortefcues fettled in South Devon. It will be feen, by a reference to
the map of Devon fliire, how the feats of Wimpftone, Prefton, Spridleftone, Wood, and
Fallapit lie near together in the fouth-eaflern extremity of the county, a diftrict known as
the South Hams, between the hills and the coaft, all of them between the Yealm and the
Dart, two of the many ftreams fupplied by the rains and mifts of Dartmoor, to water one of
the moll: fmiling and beautiful diftricts of England.

That retired region nuift have been almoft peopled by families of Fortefcues, held
together both by neighbourhood and frequent intermarriages. Of the above-named feats,
Fallapit alone remains to the defcendants of its ancient owners.4

It was Martin, the Chancellor's fon, who, by his marriage with the heirefs of Wear-
Giffard and Buckland-Fillcigh, firft took the name into the north of the county.

1 Burke's Extinct Peerage, 559. 1 Since the above was written Fallapit also has been alienated.

Family of Norreis and Wood;

Chap. VI.

The Forte/cues of Norreis and Wood; and the Forte/cues of Fallapit (firji line).

AVING completed our account of the various branches of the family defcended
from the eldeft fon of William Fortefcue of Wimpftone by Elizabeth Beauchamp,
we muft now revert to their fecond fon, John Fortefcue, generally diftinguifhed
from the others of his name as Sir John of Meaux.

He ferved in the French wars under Henry V., and was prefent in the battle of
Agincourt in 141 5. Upon the taking of Meaux, the capital of the province of La Brie, in
1422, Sir John Fortefcue was made captain of that ftrong place and governor of the
province. He returned to England before the year 1431, and appears to have had his
refidence at Shepham, in South Devon.1 He alfo poflefled Norreis in right of his wife, and
we gather from a deed quoted in Biographia Britannica 2 that he had the manors of Over-
comb, Efford, and Alfton, in the parifh of Holboughton, or Holberton. In the Patent
Rolls, 7 Henry VI. (1429), there is a grant by Sir John Fortefcue, Knight, to John Long-
ford, of lands, &c. &c. in Norden, in the parim of Brigerenwell, in Devon. There is
little mention of him in contemporary documents beyond thofe here quoted ; a Clofe Roll,
however, of the 6th of Henry V. (141 8) mentions " Johannis Fortefcu nuper Efcaetor
Nofter Cornubias," who probably was this Sir John.

We find by the Pedigrees that he married Joan (or Eleanor), daughter and heir of
William Norreis of Norreis, in the parim of North Huifh, by the daughter of Roger
de Collaton, by whom he left iflue three fons, viz. Henry, the eldeft fon, afterwards Chief
Juftice in Ireland, John, the fecond fon, who became Lord Chief Juftice of England and
Lord Chancellor to Henry VI., and Richard, anceftor of the Fortefcues of Herts, Efiex,
and Bucks.

His wife inherited her father's eftate, and became the reprefentative of the very ancient
family of Norreis, me being the ninth in defcent from Laurence le Norreis. At her death
the property pafled to her eldeft fon, Sir Henry Fortefcue, and to his defcendants of the
elder line. Sir William Pole, writing about 1 620, fays, " This land (of Norreis) is defcended
from Henry Fortefcue unto Francis Fortefcue of Prutefton and Woode that nowe liveth,
and is Lord of Norreis." 3 Sir John alfo acquired an eftate in Hertfordshire, which he left
to his youngeft fon, Richard, who through his fecond fon Sir John of Ponfbourn, was the
founder of three families, of whom we fhall treat in a later chapter.

1 Pole's Collections, Lift of Knights, at p. 64. 2 v0l. iii. p. 1986.

3 Rifdon, Survey of Devon, 189; Fuller's Worthies, i. 411 ; Pole's Collections, 301.

FAMILY OF WOOD AND FALLAPIT.

(first line.)

Sir John Fortescue,=
of Shepham and Nor-
reis, Governor of Meaux
in a.d. 1420, 2nd fon of
William Fortkscue of
Wimpftone, by Eliza-
beth Beauchamp.

^Eleanor, dau.
and heir of
William
Norreis
of Norreis.

ill wife, JoAN,=p(l) Sir HENRY=^=2nd wife . . . dau.

dau. to Edmund
Bozun, of Boz-
un's Hele and
Wood.

Fortescue, Lord
Chief Juflice of
Common Pleas
in Ireland, 1426.

of Nicholas de
Fallapit.

John of Wood.

Elizabeth,
dau. of
Tallance of
Cornwall.

(2) Sir John,
Chancellor to
Henry VI. (anceftor
to Earl Fortescue
and to Lord Cler-
mont).

(3) Sir Richard,
(anceflor to the

FORTESCUES of

Punlborne, Falk-
borne, and Salden).

RicHARD Fortescue,^
of Fallapit.

Margaret, dau. of
Robert HiLLofShil-
fton in Modbury.

WlLLIAM.npELIZABETH, dau.

of William
Hingeston, of
Wonwcll, Devon.

1st wife, Elizabeth, =pRoBKRT,=p2nd wife, Eleanor,

John (of full a ge=^~ Margaret, dau. and
before 1495). co-heir of William

Hingeston of Won-
well.

dau. of Nicholas
Dylland of Chym-
well,

,Joan.=W. Webber, alias
Gilbert, of'Church-
ton.

dau. of Sir John St.
Lowe of Sutton St.
Lowe, Somerfet.

Edward. Margery Joan. Elizabeth Por-=pLewis Fortescue.

3rd fon of John
Fortescue of Spri-
dlefton. He was a
Baron of the Exche-
quer, temp. Henry
VIII. Died 1545.

Anne, mar.
William Mor-
gan, of St.
George, Gla-
morgan.

Thomasin

Anthony.

Ellen, dau. of HcKMDHl
Waldron, of Bradfield.

John Fortescue of
Fallapit, died 1595,
leaving ifluc.

(See the Pedigree of
the Second Line of For -
tefcues of Fallapit.)

Joan Fortf.scuf.,=^John Fortescue, Efq., of

only child and
heirefs.

I'rut( flon or I'n uon, who
died a.d. 1587.

William Fortescue of
PrefloD and Wood, died
1602, leaving ifluc.

(See Prejlon Pedigree.)

N.B. This Pedigree is taken in part from the Vifitation of Devon, 22 Hen. VIII. 1531. Brit. Mus. Add. MS. 14>3'5-

and Fa?nily of Fallapit, firjl line.

John Fortefcue is returned among thofe who in the 12th of Henry VI. (1433-34) had
lands in Hertfordfhire enabling them "to fpend Ten pounds pr. annum." This, Chauncey 1
calls " a fair eftate."

His death occurred between 1431 and 1437, probably in 1435.2 Weftcote, the hiftorian
of Devonfhire, writing in 1630,3 calls Sir John of Meaux "a worthy and fortunate
commander under that terror of France, and mirror of Martialifts Henry the fifth ;" and
Rifdon and Fuller follow in the fame tone.

Of Sir John of Meaux's three fons, two chofe the profeflion of the law, and they both
rofe to difr.inc~r.ion. Henry, the eldeft, appears to have ftudied at Lincoln's Inn ; for we
find in the lift of Governors of that Houfe his younger brother, Sir John, ftyled Fortefcue
"junior" in the 6 Henry VI.* He no doubt diftinguifhed himfelf more or lefs in the
courts, although we have no particulars of his career, unlefs he is the Henry Fortefcue who
was member of Parliament for Devon, 9 Henry V. (1421),' until he is fent to Ireland as
Chief Juftice of the Common Pleas in the 4th Henry VI., his appointment bearing date
June 25th, 1426, 11 quamdiu fe bene gefTerit." We learn from entries in the Irifh Chancery
Rolls that his falary was fixed at forty pounds per annum, and afterwards by a fecond
Patent altered to forty pence per diem. He alfo received a grant of the cuftody of certain
manors."

Sir Henry did not hold this office long ; for, whether through fome intrigue, or by
his own wifh, he was "relieved" from the office on the 8th of November, 1427/
by the king's writ. If we may believe Fuller, his character for uprightnefs as a judge
flood high, he being "juftly of great efteem for his many virtues, efpecially for his fin-
cerity in fo tempting a place." He is ftyled by the Lord Lieutenant " Chief Juftice of
Ireland." 8

His fault, in the eyes of thofe who had fent him, may have been too much fympathy
with the Englifh fettlers in Ireland ; although Lodge affirms that "he enjoyed a large fharc
of the royal favour." He certainly, foon after he had ceafed to be Chief Juftice, was fent,
with Sir James Alleyn, by the Commons of Ireland into England "to lay before the king
their complaints, and the ftate of the country."9

And again, in November, 1428, the Lords and Commons in Parliament aflemblcd at
Dublin, with Sir John Sutton the Lord Lieutenant,10 drew up Articles of Complaint, which

1 Clutterbuck's Herts, ii. 348, quoting Chaunccy, Herts, p. 310.

2 Proceedings in Chancery, temp. Klizabcth, printed in I 830, vol. ii. p. xviii.

3 Weftcote'l View of" Devon, 395. 4 Dugdale, Orig., p. 257.
5 Willis, Not. Pari. I do not know any one clfe of his name at that period.

fi Rot. Pat. Cone. Hib., 5 Hen. VI. 7 Rot. Claus. Cone. Hib., 6 Henry VI.

8 Rot. Claus. Cone. Hib., 7 Hen. VI., p. 240. ' Rot. Claus. Cone. Hib., 7 Hen. VI.

10 Rot. Claus. et Pat. in Cone. Hib., 7 Hen. VI., p. 247.

46 Family of Norreis and W wd ;

were fealed with the Great Seal of Ireland, and delivered to Henry Fortefcue, ftill ftyled
« Capitalis Jufticiarius de capitali placita," and Sir Thomas Strange, Knight, empowering
them to lay the articles before the King and Council in London.

Their chief grievances appear to have been the frequent change of governors, and the
affaults, robberies, and arrefts perpetrated upon Irifhrnen travelling in England, and the falfe
accufations made to the king againfl: the Governors and Juftices of Ireland. They pray
that debts incurred by former Lord Lieutenants may be paid off ; that ftudents going from
Ireland to ftudy the Law mould be received, as formerly, into the Inns of Court, and not
continue to be, as then, excluded ; and they complain efpecially of the « late aggreffion
committed upon Chief Juftice Fortefcue and Sir James Alleyn, when on their late miffion to
England," and pray that the guilty parties may be puniihed.

After this fecond miffion we hear no more of Sir Henry, who feems to have returned to
Devonmire, until about the year 1431, when the Records of Chancery Proceedings inform
us that he was charged by Richard Sackville, and Margery his wife, with having wrongfully
difpoffeffed them from their lands and houfing at Nethercombe. The Bill complains that
" the faid Herry Fortefcue, late Juftice of Ireland, with Richard his brother, and great
people of Irysfhmen and Scottys, in the manner of werre arrayed," did break open their
doors, &c, as will be feen by reading the document in full, which here follows : —

Richard Sackville and Margery his Wife v. Henry Fortefcue, late Juftice of Ireland.

To recover poffeffion of land and houffing in Nethercombe, in Devonfhire, of which the Defendant
has wrongfully difpoffeffed them.

To the Chancellor of Englonde our gracious Lorde :

Befeecheth you mekly gracious Lorde your pore oratours Richard Sackville, and Margerie his
wyf, that where the faid Richard and Margery, their aunceftors and tho whofe aftate they hadden, fithe
the tyme of King Edward, the xxiii yeare of his reigne, have hadde and conteined poffeffion, and other
perfones by their graunte of a ferthying of londe, with howfynge theruppon, in Nythercombe, in
Devenfchire (by grante of one Hugh Cumba to one John Shipham, and to his heires for evermore,
refer ving xvj.s. of rente whiche Margerie, John her fadere, and Richard thir aiel, and all other
whofe aftate they hadden yn the fed londe and howfynge, have paid the fed xvj {hillings of rente unto
the feide Hugh Cumba, and to his, difendablye fro him unto one Herry Fortefcue, late juftice of Monde, &c,
cofyn unto the feide Hugh, which yeres and daies was paid of the feide xvj.s of rent by the feide
Richard and Margerie, unto now late, that the feide Herry with Irysfhemen, Scottys, and other, yn
the manere of werre arraied, wrongefully put out the faide Richard and Margerie their feffes, their
tennants in taille, yn dower, tyme of lyf, and other which ther not pourfue for thair righte of the faide

londe and houfynge, and of other londe. And fo poffeffion fewyd affize

by grete fotolte and maintenance, which is dyfcontinued and no judgement yevyn, and yet he occupied
his faid wronge poffeffion, and hath made grete deftruccion and wafte, and fo mannaffed the faide
Richard that they durft nouzt come ne occupy there . . for dowte of death. And after that by

and Family of Fallapit^ firjl line.

mediation of certayne perfones was made awarde at Holbeton ye viii,h dai of March,1 the ix'b year of
the Kyng that now ys, our moft fouveraine and gracious lorde, which award the faide Richard and
Margerie were redy to have performed (to their) power, and as ytt appeareth of record ; butte the
faide Herry for to deftroie and difherit the faide bifechers and other forfaide wrongfully, he and others
of his afTent ymagined an untrue awarde, wretyn, endented, and feled, of the faide londe and howfynge,
and berynge an hande that the faide Richard ne Margerie wolde noutz performe that awarde made att
Holbeton ; and becaufe of nounpayment of xx.s att fefte of Efter, when it was twelvemonth and more
after the feide fefte, or the feide befechers knew the feide awarde, condempned the feide Richard
to an cxl. marke, uppon the feide untrewe awarde, and cntrarie thereto, and to the plee of the faide
Herry, by caufe of an untrue and deceveable entre yn the rolle of a clerke by procuringe of one
William Elyot attourney, and by other of his afTent, and after that ferved execution of all their londes,
goodes, and cattels, fo that they had nouzt to Jeve ne hem to fufteigne thereuppon in no manner wyfe,
butte made hem beggars ; and noutwithftandynge that their friends after that yaf hem goode to
fufteine and helpe hem and thair children therewith of almnefTe, yet the faide Herry, Richard his
brother, with grete peuple of Irysfhemen and other in the manore of wcrre arraied, come to the
dwellyne of the faide Richarde Sackville (he and his wyf, here moder, and here children beynge in
thair bedde) and brake thair dores and cofres, with horrible gov'naunce cryinge and fhotte, and
come to hys bedde, and toke hym with oute warrante, and toke his bedde-clothes, aff'raicd and cafte out
the faide children al naked fore wepyng and cryinge, and toke other goodes and catelles as a bille
reherfeth, lete his wyf beynge grete and quyckle with childe, her moder, and her fonne, and lefte hem
there for dede, which was caufe of the faide childe's deth, and of mo other vf God hadde nouzt
fortuned, and leddc hym forth to Exeftre, and ther kept hym in prifone till they hadde a warrant fro
the juftice of pees, and berynge an hande that they tokyne hym by that warant, and after that ferved a
capias of execucion, and fo ledde hym to London, and ther have kept hym in prifone all this three
yeare and more uppon the feide untrue awarde, and by caufe that the faide bifechers wol nouzt graunte
unto the faide Herry, and to his heirs the faide londe and houfyngc, where the mowe nouzte in no
wyfe, and wher the faide Herry hath no right, as it |>rith by the faide evidence and pofTeffion, and by
otherc, and alfo by the favynge of 'John Forte feu, fader of the faide Herry afore his deth.

Whrfor the faide bifechers . . . bifecheth your gracious Lordihipc toconfider how thev have fued
this 6 yeare and more, and both utterly deftroyed, and in prifone, and may nouzt few we have the cue
lawe by caufe of pov'te and imprifonmcnt, and by caufe of grete maintenance, aflurancc, and pjuric,
and for other divers caufes, befechyngc youc gracious lorde, to call hem that been p'fent and |>tie in thes
materes, and to fende for the faide Herry, and for hem that been jitieand affente, to appear before your
gracious prcfence, and after the commaundement of oure moftc drcde fovraine lorde, to be dewly
examined of alle the premifles of this bille, with other circumftances thcrof, as the faide bifechers
fchalle more openly declare afore your gracious prcfence, and to do dew jurticc and remedvc to the faide
bifechers and .... and in favingc of the right of our feide fovraine lorde for pitc, for the
love of God, and cfiitc.

Declaracio Rici Sachcville ct Margie UxTs ejus."

1 i.e. a. d. 1431.

2 See Proceedings in Chancery, reign of Queen Elizabeth, with Earlier Proceedings from Rieliaid II to
Richard III., 3 vols, folio, 1830, vol. ii. p. xviii., Henry VI.

Family of Norreis and Wood ;

Sir Henry was married twice, each time to an heirefs. His firft wife was Joan,1 daughter to
Edmund Bozun, of Bozun's Hele, heir to the family of Wood in South Devon, by whom he
had a fon, John, who inherited the eftate of Wood, and left it to his heir, as we mall pre-
fently fee. His fecond wife was the daughter and heir of Nicholas de Fallapit, by whom he
had a fon, Richard, who inherited Fallapit from his mother.

The Fortescues of Wood (ist Family).

Sir Henry Fortefcue was fucceeded in his eftates by his eldeft fon, John,2 who alfo
inherited Wood from his mother. John's fon and heir was William, who left a fon, Robert,
who was fucceeded by his fon, Anthony Fortefcue of Wood, who married Ellen,3 daughter
of Humfrey Waldword of Bradfield, by whom he had not any male heir, and only one
daughter, Joan; who, marrying John Fortefcue of Prefton (who died 1587), conveyed the
Wood eftate to that branch, as has been already narrated. There is no record in the
Pedigrees of the names of the families into which the foregoing pofleflbrs of Wood married,
nor of any children befides the fons and heirs ; nor have I been able to trace them in the
Inquifitions Poft Mortem, or in the family wills.

The Fortescues of Fallapit.

" Fallapit," fays Pole, " belonged unto the name of Falleput ; of which name I find
fucceffively to enjoye the fame, Robert, John, John, Philip, and Nicholas, whofe only
daughter, . . .'was fecond wife unto Henry Fortefcue, Juftice of Ireland, and eldeft
fon of Sir John Fortefcue, Captain of Meaux." i

The Fallapit or Valeput family poflefled the eftate from the end of the thirteenth
century, if not earlier, and it has paffed from them through the Fortefcues of two branches
to the Wells family, with whom it ftill continues, fo that the prefent Mr. Wells Fortefcue
may boaft of an inheritance almoft fix centuries old.

The fon of Sir Henry Fortefcue by the Fallapit heirefs was Richard, who, marrying
Margaret, daughter of Robert Hill of Shilfton, in the parim of Modbury, left a fon and
heir, John, who married Margaret, daughter and co-heir of William Hingefton of Womb-

1 Collins, vol. v. 337, and Vifitation of Devon, 1564, &c. Lodge, Peerage of Ireland, makes her daughter
of Wood.

2 Stemmata Fortefcuana, Coll. of Arms Pedigree. 3 gee gterru port

4 Pole, Coll. of Devon, p. 290. Selden in his preface to De Laudibus quotes from the Coffin MS. "John
Fortefcue de Valepit held 8th Edwd. I. Stancourt-Prior in Colrug. Hund. Devon."

and Family of Fallapit, firfi line.

well, in the fame parifh. This " John Fortefcue of Vallepit " is named among thofe who
accompanied Courtenay, 1 6th Earl of Devon, to the relief of Exeter, befieged by Perkin
Warbeck about 1495. 1 He had no fon, and only one daughter, Elizabeth Fortefcue, his
heirefs, who, however, by choofing a Fortefcue for her hufband kept her patrimony in the
name. She married Lewis Fortefcue, third fon of John Fortefcue of Spridleftone, as we have
before feen. He became a Baron of the Exchequer in the end of the reign of Henry VIII.,
and died in 1545. Their iflue was fix fons and four daughters; of whom the eldeft fon, John,
fucceeded at Fallapit, being the firfi: of the fecond family there, whofe hiftory has been already
traced.

Thus the male defcendants of Sir Henry Fortefcue failed, as well thofe fpringing from
his firft marriage with the Wood heirefs, as thofe by his fecond marriage with the daughter
of Nicholas de Fallapit.

1 Gilbert's Parochial Hiftory of Cornwall, vol. ii. p. 190.

Chancellor Forte/cue.

Chap. VII.

Chancellor Sir John Forte/cue.

REFERENCE to the genealogical tree will mow that, by the completion of the
account of the defcendants of Sir John Fortefcue of Meaux, through his eldeft
fon Sir Henry, we have come down to the fecond fon of the faid Sir John,
namely, Chancellor Sir John Fortefcue, Lord Chief Juftice of England.

The eminence to which this perfonage attained, and the circumftance that he became the
direct anceftor of fome of the principal branches of the family which have lafted to the prefent
time, require that nothing relating to him fhould be pafled over, but that the fcanty
materials for his biography which have come down to us mould be fully inveftigated.

Although feveral pedigrees have made him to be grandfon of Sir John the Governor of
Meaux, and fon of Sir Henry Fortefcue Chief Juftice in Ireland, they are certainly in error,
becaufe a careful comparifon of the periods during which the three perfons in queftion held
their public appointments will mow that it is fcarcely poffible that Sir Henry and the Chan-
cellor 1 could have flood to each other in the relation of father and fon, and becaufe ftill
ftronger, and what for the prefent purpofe may be called conclufive, evidence is found in a
contemporary document/ where it is incidentally mentioned that " Herry Fortefcue, late
Juftice in Ireland," was the fon of John Fortefcue, and that he had a brother Richard; and
this laft being alfo brother of the Chancellor, it follows that he and Sir Henry were likewife
brothers.3

Of the place of his birth there is no pofitive mention. Prince 4 fays that it was " moft
likely Norris, near South Brent in Devonfhire." This was a feat belonging to his mother,
who was daughter and heirefs of William Norris of Norris, where her anceftors had been
fettled for eight generations.5

Neither do we know the precife time of his birth, although by a paflage in his work,
" De Laudibus Legum Anglias," it is poffible to get within three or four years of it.

1 Prince, Worthies of Devon.

2 Proceedings in Chancery, reign of Elizabeth, and from Richard II. to Richard III. 3 vols, folio. 1830.
Vol. ii. p. xviii. See the whole deed at p. 46 ante.

3 There is befides a deed of 14 Henry VI., quoted in the Biog. Brit., vol. iii. 1986, which is a grant by
Henry Fortefcue to John his brother, and to Ifabella, the wife of faid John, of all the meffu ages, lands, and
tenements of John Fortefcue, father of faid Henry, in Overcombe, Effbrd, and Alfton, in the parifh of Hol-
boughton, in Devonfhire.

4 Prince, Worthies of Devon. 5 polC) Colle&ions for Devon, p. 300.

Chancellor Fortefcue. ^

He there fays, in defcribing the degree of Serjeant-at-Law,1 "Quare ad Statum et Gradum
talem, id eft fervientis ad legem, nullus hucufque aiTumptus eft qui non in prasdicto generali
legis ftudio fexdecim annos ad minus antea complevit," and in the chapter before he fays
that the ftudents are, for the moft part, youths. Now, Fortefcue was made a Serjeant in
Michaelmas Term, 1430, and confequently muft have become a ftudent of the law, at fooneft,
in the year 1414, fo that if he was then eighteen years old, he was born in 1396, if twenty,
as is perhaps more likely, then 1394 was the year of his birth.

Bifhop Tanner fays that he was educated at Exeter College Oxford, and he was called
to the Bar at Lincoln's Inn.2 Of the manner of his life and ftudies we have no account,
unlefs the defcription of law-ftudent life in his Treatife be taken from his own experience.
In that cafe Fortefcue was one of an hundred or more young men, all " gentlemen by birth
and fortune, fpending, at leaft, eight and twenty pounds a year each," 3 (an allowance equal,
by Hallam's computation, to more than £'400), with a fervant to wait upon him, and joining
in the ftudies and amufements thus detailed. " Both in the Inns of Court and Inns of
Chancery is an academy where the ftudents learn finging and all kinds of mufic, dancing and
other fuch accompli fhments (which are called Revels), as are fuited to their quality, and fuch
as are ufually practifed at Court; out of term the greater part apply themfelves to the ftudy
of the law. Upon feftival days, after the fervices of the church are over, they employ
themfelves with ftudy of hiftory, facred and profane. There everything which is good and
virtuous is to be learned ; all vice is difcouraged and banifhed, fo that knights, barons, and
the greateft nobility of the kingdom often place their children in the Inns of Court, not fo
much to make the laws their ftudy, as to form their manners, and to keep them from vice.
Bickerings and difturbances are almoft unknown. The only punifhment is expulfion from
the Society, more dreaded than imprifonment and irons by criminals, becaufe he who is turned
out of one Society is never received into another ; thus there is conftant harmony, and the
greateft friendfhip and freedom of convcrfation."

This picture, although it may be fomewhat over-coloured, defcribes an education well
calculated to develop fuch a character as that which throughout his career belonged to Sir
John Fortefcue.

In the year 1425, 4 Henry VI., he was made a Governor of Lincoln's Inn ; next year
again, and a third time in 1429, 7 Henry VI. In the two firft entries ' in Dugdale's
" Origines Judiciales" he appears as "Fortefcue Junior," which makes it probable that his
elder brother, Sir Henry, was alfo a member of that Inn.

Of his career, until he became a ferjeant, nothing is told, how foon or how late he

1 De Laudibus, Ed. Amos, p. 261, chap. 50.

2 Campbell, i. 371. Tanner, Bib. Hrit., London, 1748, p. 293. Biog. Brit., iii. 2087.

3 Hall am, Middle Ages, chap, ix., where he cftimates the value of money now at fixteen times that in the
time of Henry VI. ' Dugdalc, Origines, p. 249 ; De Laudibus, chap. 50.

Chancellor Fortefcue.

got into practice, by what means, or to what extent. It is likely that he took that
degree foon after his {landing at the bar had qualified him for it, if we may judge by the
number of years he lived afterwards, and the date of his promotion, in Michaelmas Term,
1430. 1 Of the particulars of an inveftiture with the White Silk Coif, the badge of his new
rank, we have his own account : " The Lord Chief Juftice of the Common Pleas, by
and with the advice and confent of all the Judges, is wont to pitch upon, as often as he fees
fitting, feven or eight of the difcreeter perfons, fuch as have made the greateft proficiency in
the general ftudy of the laws, and whom they judge beft qualified. At the time and place
appointed, thofe who are fo chofen hold a fumptuous feaft, like that at a coronation, which
is to continue for feven days together ; neither fhall any one of the new-created fergeants be
at a lefs expenfe fuitable to the folemnity of his creation, than two hundred and fixty pounds
and upwards, whereby the expenfes in the whole which the eight will be at will exceed three
thoufand two hundred marks, to make up which, one article is, every one mall make
prefents of gold rings, to the value, in the whole, of forty pounds (at the leaft) Englifh
money."

" I very well remember," he fays, " that when I took upon me the ftate and degree of a
fergeant-at-law, my bill for gold rings came to fifty pounds."

He then proceeds to tell us how this large fum, no lefs than eight hundred pounds of our
prefent money, if we are to follow Hallam, was difpofed of.

" Each fergeant at the time of his creation gives to every prince of the blood, to every
duke, and to each archbifhop who fhall be prefent at the folemnity, to the Lord High
Chancellor, and to the Treafurer of England, to each a ring of the value of twenty-fix
fhillings and eightpence ; to every earl and bifhop, to the Keeper of the Privy Seal, to
each Chief Juftice, to the Chief Baron of the King's Exchequer, a ring worth twenty (hil-
lings ; and to every other lord of Parliament, to every abbot, and to every prelate of diftinc-
tion, every worfhipful knight there and then prefent, to the Mafter of the Rolls, and to
every juftice, a ring to the value of one mark ; to each Baron of the Exchequer, to the
Chamberlain, and to all the great men at Court then in waiting on the King, rings of a lefs
value in proportion to their rank and quality, fo that there will not be the meaneft clerk,
efpecially in the Court of Common Pleas, but that he will receive a ring convenient for
his degree. Befides, they ufually make prefents of rings received of their friends and
acquaintance."

" They give alfo liveries of cloth of the fame price and colour, which are diftributed in
great quantities, not only to their menial fervants, but to feveral others, their friends and
acquaintance, who attended at the ceremony of their creation."

1 Dugdale, Chron. Series, p. 61 ; Biographia Britannica (but Fofs, Lives of the Judges, vol. iv., gives
Michaelmas, 1429, for the ferjeant's creation). The Year-Book may clear up this point.

Chancellor Forte/cue.

It is probable that Fortefcue's marriage took place during this period of his life. He
certainly was a married man in the end of 1435 or eartym x436,as appears by the Deed of
14 Henry VI. already referred to, when "Ifabella, wife of faid John," is mentioned ; and it
is likely that he had then been fo for fome two or three years, for his only fon, Martin, who
died in 1472, left at his death a fon and heir aged twelve years.

Sir John's wife was Ifabella Jamyfs, daughter and heirefs of John Jamyfs, Efquire, of
Philip's Norton, in Somerfet, on the borders of Wiltfhire, near Bath. In the " Patent
Rolls " 1 of 21 Henry VI. is "an infpeximus and confirmation of a grant by the Prior of the
Carthufian order of Hinton (Hinton-Charterhoufe) to John Fortefcue and Ifabella his wife,
and Margery, mother of Ifabella, of mefluages in Philips Norton," the grant being dated
the Tuefday after the feaft of St. Hilary, 19 Henry VI. (i.e. January 14th to 21ft, 1441,
St. Hilary's day being on the 13th January), and the infpeximus bearing date Weftminfter,
the 12th of February, 21 Hen. VI. (1443).

The document recites that the faid Ifabella was the daughter of Margery, who was wife
of John Jamyfs, of Philip's Norton. The eftate thus acquired remained in the Chancellor's
family until it was fold in the year 1725 to Mr. Frip, by Hugh Fortefcue, Earl Clinton.-
The Fortefcue arms may ftill be feen in ftone on a houfe in the village of Norton St.
Philip's.3 By the fame lady he acquired lands in Wilts.' Thus we read that "John
Fortefcue, Knight, and Ifabella his wife granted by Deed, dated Nov'. 21, 35 Hen. VI.
(1456), to Robert Brigge, the reverfion of a tenement at Bradford, Wilts."

The ftatement made by feveral authors that the Chancellor's wife was Elizabeth, daughter
of Sir Myles Stapleton, is an error, that lady being the fecond wife of Sir John Fortefcue of
Punfbourne, fo given in an Inquifition Poft-mortem taken at Royfton in Hertfordshire in
July, 1 50 1, upon the death of the faid Sir John, who was nephew to the Chancellor, and
died July 28, a. d. 1500. Elizabeth Stapleton was the widow of Sir William Calthorpe,
Knight.5

The ifllie of the marriage was an only fon, Martin, ftyled in fome documents Sir Martin,
and at lead two daughters. Martin married, in 1454,° Elizabeth, daughter and heirefs of
Richard Denzile, Efquire, of Wear-Giffard, who inherited that property as well as the eftates
of Filleigh (now Caftle Hill) and Buckland-Filleigh. He died before his father. Sir John's

1 Patent Rolls, 21 Hen. VI., Pt. ii. No. 34. The entire document is given in the Appendix to this Chapter.

2 Letter to the Author from Karl Fortefcue, Nov. 6, 1 866.

3 Information from Mr. Jackfon, Librarian at Longleat, Auguft, 1866.

1 Notitiac and Pedigrees concerning the Family of the Fortefcues, Brit. Mus. Add. MS. 15,629* f. 62h.

8 Inq. Poft-mortem, 16 Hen. VII., No. 3, Brit. Mus., and Notitisc and Pedigrees of Fortefcue Family, Brit.

Mus. Add. MS., from Peter Ic Neve, (Norroy,) and Blomcfield's Norfolk, ix. 222. ed. 8vo.

r' The marriage fettlement, feen by the author of Stemmata Fortefcuana, is dated September 10, 33
Hen. VI. (1454)-

Chancellor Forte/cue.

daughter, Elizabeth, was married, about 1456,1 to Edmond, fon of Thomas Whalefburgh,
Efquire, of the county of Cornwall.

The other daughter, Maud, married Robert Corbet, fon of Sir Robert Corbet, a very-
unfortunate alliance, as appears from what Blomefield, in his " Hiftory of Norfolk," thus
relates : 2 —

" Maud, daughter of Sir John Fortefcue, Lord Chief Juftice, who had the Lordfhip of
Durham Parva in the 33rd of Henry the Sixth (a.d. 1455), married Robert, fon of
Sir Robert Corbet. He forfook her, and re-married Lettice, daughter of John Shirewood
of Coventry, and left iffue by this Lettice, Robert and Alice. His firft wife, Maude, from
whom he was never divorced, furviving him, — upon his death Robert Corbet, Efquire, his
brother, fecond fon of Sir Robert aforefaid, made an entry into his lands as next and legal
heir ; but Lettice aforefaid having re-married Talboys, a fervant to Thomas Rotherham,
Archbifhop of York and Chancellor of England, Roger fued him in the Spiritual Court of
Canterbury, and Talboys procuring a prohibition, Roger appealed to Rome, and a fuit was
directed by Archbifhop Rotherham to Roger of 'ne exeat regno. ' Upon this Roger was
laid up in the Court two years, but being enlarged in the laft year of King Edward the
Fourth (1483), died prefently after."

" It appears that Maud, the firft wife of Robert, had a jointure of twenty marks per
annum out of this manor. She retired, and lived in the Nunnery of Helvefton, in Bedford-
fhire, and died there."

After Fortefcue's promotion to be ferjeant the Year-Books are no longer filent concern-
ing him, but make frequent mention of his arguments.

His practice was large, and his knowledge of Englifh law confpicuous. He acted upon
fome emergencies as Judge of Affize, in which capacity he went the Norfolk Circuit in 1440
and 1 44 1 (18 & 19 Hen. VI.).

In the latter year, in Eafter Term, he was appointed a King's Serjeant;3 and when the
death of Sir John Hody made a vacancy in the Chief Jufticefhip, he, without having paffed
through the intermediate ftep of a Junior Judge, was, on the 25th of January, 1442,
(20 Hen. VI.), raifed to that high place.4 Here his reputation as a great judge was foon
and permanently eftablifhed, and here he continued for more than eighteen years to pronounce
thofe judgments and expofitions of the laws which are ftill quoted with refpect.

The late Lord Campbell, a great admirer of Fortefcue, fays of him that "he difcharged
his duties as Chief Judge with extraordinary ability, and feems to have been one of the moft
learned and upright men who ever fat in the Court of Queen's Bench ;" 5 and in another

1 Exchequer of Pleas, 34 Hen. VI. 2 Blomefield's Norfolk, vol. ix. p. 479 (8vo edition).

3 Dugdale, Chron. Series, p. 63. "Johannes Fortefcu ferviens Regis ad Legem. Pafch. 19 Hen. VI."

4 Dugdale, Chron. Series, p. 62. 5 Campbell, Lives of Chancellors, vol. i. p. 376.

Chancellor Fortefcue.

place he calls him " one of the mod illuftrious of the Chief Juftices, for ever to be had in
remembrance for his judicial integrity;"1 and Fuller, in his " Worthies of England," join-
ing him with Chief Juftice Markham, his immediate fucceflbr, fays:2 "Thefe I may call two
Chief Juftices of the Chief Juftices, for their fignal integrity ; for though the one of them
favoured the Houfe of Lancafter, and the other the Houfe of York, in the titles to the
Crown, both of them favoured the Houfe of Juftice in matters betwixt party and party."

The Chief Juftice was knighted upon his appointment or foon after. I find him ftyled
" Miles " firft in June, 1443. 3

We have to regret the almoft complete abfence of notices of his life during the eighteen
or nineteen years of his Chief Jufticeftiip. None of his correspondence has come down to us,
and his name occurs but feldom in the fcanty memorials of contemporary events not purely
military, which have furvived the troublous times that enfued.

The firft reference to him that I can find is in the Pafton Letters the year after his pro-
motion, in a letter written by his defire to a brother Judge, Sir William Pafton : ' —

" To my right worthy and worlhipful Lord, William Pafton, Juftice, in hafte.

" Pleafe it your good Lordftiip to weet, that the Chief Juftice of the King's Bench re-
commendeth him to you, and is right forry of the matter that is caufe of your none coming
hither, but he will do all that he can or may for you.

" He hath had a fciatica that hath letted him a great while to ride, and dare not yet come
on none horfe's back, and therefore he hath fpoken to the Lords of the Council, and informed
them of your ficknefs, and his alfo, that he may not ride at thefe next afllzes to Eaft Grin-
ftead ; and though thofe aflizes difcontinue pur noun veno dez Jufticez, he hopeth to be
excufed, and ye alfo.

" And as for the remanent of the aftlzes, he {hall purvey to be there by water ; and
Almighty Jefu make you heyle and ftrong.

" Written right fimply, the Wednefday next tofore the Feaft of the Purification of our
Lady, at London,

" By your moft fimple fervant,

" James Gresham.''

" London, Wednefday,
"30th of January, 1443. 22 Hen. VI."

1 Campbell, Chief Juftices, vol. up, 141.

2 Fuller, Worthies, vol. ii. p. 571, article Markham (8vo. edition).

3 Will of John Cheddar, of Cheddar, in Dodfworth MS.

4 Pafton Letters: Letter VI. vol. iii. p. 27 ; Sir William Pafton, born in 1378, made a Judge of the Common
Pleas in 1430, died in 1444 (fee Preface to Fenn's edition).

* He appears to have been Sir John Fortcicuc's Secretary.

5 6 Chancellor Forte/cue.

The abfence at that period of any carriage-road between London and the Affize town
of one of the home counties is worthy of remark. All who were unable to walk, or to
ride on horfeback, could only reach the Suffex coaft by a fea voyage !

In this year we find him fitting as a Councillor in "The Starred Chamber 'M on feveral
occafions; and ferious tumults having occurred at Norwich on account of certain eccle-
fiaftical exactions, a fpecial commiflion was ifiued to him and others in the month of
March for the trial of the rioters. The event is thus noticed in the Proceedings of the
Privy Council : 2 —

"The Commons arofe, and would have aflaulted and fired the Priory, and have
deftroyed the Prior of the place, &c. Whereupon the King fent thither the Chief Juftice
John Fortefcue, the Earl of Stafford, and the Earl of Huntingdon ; and fitten then in Seflions,
at the which were many of the City there indited, and the Prior alfo, and alfo the City loft
their liberties, and franchifes, and freedoms that they had afore, and all the City feized into
the King's hand .... And the Chief Judge Fortefcue and Weftbury Judge, declarenden
all their demenyng at Norwich."

In the Parliament held at Weftminfter in 1444 3 (23 Hen. VI.) on the 25th of February,
Fortefcue was named as one of the " Triers of Petitions," thus : —

"Ipfo domino Rege fede Regia in Camera depicta apud Weftr-, refidente.

" Sont aflignez Triours des Petitions d'Engleterre, Irland, Gales et Ecoce. The
Cardinal Archbifhop D'Everwyck, Duke of Gloucefter, Duke of Norfolk, Bifhops of
London, Rochefter, Norwich, and Ely, the Marquis of Dorfet, Earls of Arundel and
Oxford, the Prior of St. John of Jerusalem in England, the Abbots of St. Albon, of St.
Auftin of Canterbury, and of Gloucefter, Le Sire Grey de Ruthyn, Le Sire de Dudley,
Le Sire de Faulconberge, Le Sire John Fortefcu, and William Weftbury, et tiendront leur
place en la Chambre du Chambellain, pres la Chambre du Peinte."

He was re-appointed in each Parliament until that of July, 1455, inclufive.

His conduct in the cafe of Thomas Kerver attracted notice at the time,4 and deferves
to be mentioned to his credit. Kerver had been imprifoned for fome offence in Wallingford
Caftle, when the King pardoned him, and wifhed him to be releafed ; but Fortefcue, to
whom the King fent his commands to ifTue his writ for the purpofe, confidered that he had
no right or legal power to do fo, and refufed to comply. Bentley conjectures that this
refufal arofe from his difapproval of the favour fhown to Kerver, or from doubts as to its
legality, and admires his bold and upright behaviour. Henry had recourfe to his Chancellor,
to whom he addrefTed this letter.

1 This Council mud not be confounded with the Court of Star Chamber, not then eftablifhed.

2 Proceedings and Ordinances of the Privy Council, Nicholas, vol. v. cxxiv.-cxxv. &c.

3 Rolls of Parliament, vol. v. p. 66, &c. &c. 4 Bentley, Excerpta Hiftorica, folio 390.

Chancellor Forte/cue.

Letter from Henry the sixth to the Chancellor, commanding him to ijfue his writ
to the Conftable of Wallingford Caftle, to deliver 'Thomas Kerver from imprifonment.

By the King.

Right ReVend fader in god, Right trufty and Right welbeloved We grete you wel.
And how be hit that we now late fent unto oure trufty and welbeloved Knight John
ffortefcu oure chief Juftice charging hym to deliver oute of oure Caftel of Walyngford in
our behalve Thomas Keruer, which by oure comaundement hath long tyme been in ward
in ye prifon of oure faid Caftel, yet nathelefs ye faid John ffortefcu hath do us to undcr-
ftande, that he hath no pouair fo to do in any wife, Wherfore we wolling for certain caufes
and confideracons efpecially moeving us, the forfaid Thomas to be in brief tyme delived out
of ye faid prifon without any firther delay, charge you yat ye do make oure writte in due
fourme directed unto the Couneftable of our faid Caftel or his depute comaunding him
ftraitly to deliver ye forfaid Thomas out of ye forfaid prifon, and to fouffre hym to goo at
large. And yat ye faille not herof as we trufte you. Lating you wite yat it is oure ful
wille yat ye ftial fo do. And we wol theefe our Ires to be unto you fouffifant warrant &
difcharge in yat behalve. Yeven under our fignet at Pottern the XXV day of Aouft the
yere of our Regne XXV. (a.d. 1447.)

To the Right Reverend fader in god our Right trufty and Right welbeloved
tharchbifhop of Cant' our Chauncellier of Englande.1

In the fame year we find Fortefcue engaged in a cafe connected with his own county
of Devon, relating to a difpute between the Mayor and the Bifhop of Exeter, as to the
limits of their refpecYive jurifdicYions.2 The quarrel was by the King referred for arbitration to
the Chancellor, Kempe Archbiftiop of Canterbury, Chief Juftice Fortefcue, and Chief Juftice
Newton. Fortefcue, who was at the time ftaying at Kxeter, and who was confidered by the
Mayor "likely to have the great rule in this matter," received the following letter from the
Chancellor to urge his action on the spot : — -

** The Chancellor to Chief Juftice Fortescue.

14 Worftiipfull and right wellbeloved Friend. I greet you well, and doubt not ye be
well remembered of that matter which hath long timeabiden in traverfe betwixt my Brother
of Exeter the Dean and Chapter, and the Mayor and the Commonalty of Excetre, wherin

1 Mifcellaneous Records in the Tower.

2 See Letters and Papers of John Shillingford, Mayor of Exeter, 1447-50, by Stuart A. Moore, in
Camden Society's Publications, 1 87 l .

Chancellor Fortefcue.

ye for your part have had great labour : I pray you, confidering the matter is attained at
large in the common law not likely by that mean to be ended lightly, as your wifdom
knoweth well, you like at this time in your being there to move and induce my faid Brother
and all parties to put the matter in entreaty at home, trufting as me feemeth fully with more
charity and lefs coft the matter to take fooner end by that mean than by procefs or rigour of
law, without your difpleafure. And almighty Jhefu have you in his keeping. Written," &c. &c.

As the Mayor's own account of the tranfactions has come down to us, and as it gives us
glimpfes of the Chancellor's mode of life, and of the manners of his time, a few extracts may
be of intereft to his defendants.

Writing from London on the 2nd of November, 1447, to the members of his
Corporation, Shillingford fays, " I wrote to you that I had a day to appear before the
Lords" (i. e., the three arbitrators), "for our matter the Friday next thereafter ; and for
as much as my Lord Chancellor bade the Juftice (Fortefcue) to dinner againft that fame
day for our matter, faying he mould have a dim of fait fifh : I hearing this, I did as me-
thought ought to be done, and by advice of the Juftice, and of our Counfel I fent thither
two ftately pickerells, and two ftately tenches, for the which my Lord Chancellor could
right great thanks, and made right much thereof hardely ; for it came in good feafon, for
my Lords the Duke of Bokyngham, the Markis of Southfolke and other Bifhops divers
dined with the Lord Chancellor that day. But as touching the labour and fpeed of our
matter that day, it was by my faid Lord adjourned over in to the morn Saterday for thefe
caufes that a great difputation was before my Lord in his Chapel at Lambeth for preaching
of Bifhops, and the faid Lords that fame Friday were there at dinner, and the Juftice came
not there that day ; but the fame Friday after meat I was with the Juftice by long time,
and in good leifure to commune of our matter. I find him a good man, and well-willed in
our right, and like to have the great rule in the matter, as in the other letter, and he bade

me move of fome good mean to end the matter and fo were on great arguments

by long time, too long to write, all it was to tempt me with laughing cheer."

Then follows an account of a meeting of the three arbitrators, adjourned from Sunday
to Monday, becaufe that " Sunday the Chief Juftices Fortefcue and Newton dined with the
Mayor of London."

The Chancellor invites to dinner on the Monday the two Chief Juftices, after which
feveral counfel employed on either fide are in attendance.

" My Lord Chancellor therewith fuddenly went right to the Juftices brother, and
called to him Nicholas Aysfheton at that time being there, and laid their four heddis nigh
to gedder and communed to gedder right privily a great while. After that my Lord took
his chair and the Juftices fat with him, and both parties with their counfel kneeled before."
Another deliberation took place at the next Candlemas at Lambeth Palace, which the Mayor

Chancellor Fortefcue.

of Exeter defcribes. Having knelt to the Chancellor- Archbifhop and offered his candle
to " my Lord's blefied hond," I abode there to meet by his commandment. I met with my
Lord at high table end coming to meatward. I went forth with him to the midft of the hall,
he ftanding in his aftate againft the fire a great whiles, and two Bifhops, the two Chief
Juftices, and other Lords, Knights and Squires, and other common people a great multitude,
the hall full all (landing afar apart from him, I kneeling by him, and after recommendation I
moved him of our matter fhortly, as time afked. Meat ydone my Lord took his chamber the
eftates and others with him. I put me in prefs and to my Lord, and fpalce with him right
a great while fo that he called the two Juftices to him, and moved of our matter. The
Chief Juftice (Fortefcue) faid much thing for our part, and quit him a good man to us."

He feems, indeed, to have been throughout favourable to the Mayor and Corporation
of Exeter. We find fuch entries as thefe, " I fpake with the Chief Juftice Sir John
Fortefcue, going with him homeward, and had with him right much good language, and
words of comfort ;" and again, " and then they communded a great while, and my Lord
Fortefcue faid many things as me thought, and once I heard him fay with a right glad
fpirit, an my Lord Chancellor will be indifferent, we fhall have a good end I truft to
Almighty God and our Lady."

The matter in difpute was fettled by agreement before the end of the year 1448.

There is a letter in the Pafton correspondence,1 written between 1450 and 1454 by one
T. Bocking to William Wayte, containing the following curious fentence : —

" The Chief Juftice hath waited 2 to have been affaulted all this fev'night nightly in his
houfe, but nothing come as yet, the more pity, &c. &c. An oyer and determiner goeth
into Kent, and commiflloners my Lord the Duke of York, Bourchier, my mafter, that will
not come then de proditionibus, &c. cVc, but Kent prayeth them to hang no man when
they come."

It would feem that the writer was, like his mafter, a follower of the York party, which
may account for his favage language about Fortefcue the Lancaftrian. The editor of the
Pafton Letters furmifes that the Commillion may have been to try fome of the pcrfons
implicated in Cade's rebellion.

In the year 1457, Sir John purchafed from Sir Robert Corbet the reverfion, after the
deceafe of " Joyes, or 1 Jocofa,' late the wife of John Grevyle, FJquier," of the manor and
appurtenances of Ebrington, or Ebberton, near Campden, in Gloucefterfhire, for the fum
of one hundred and fifty-one pounds."1 This eftate, forfeited by his attainder, was granted
to Sir John Brug, who died feized of it in the 1 ith year of Edward IV.,4 147 1 or 1472, a

1 Pafton Letters, vol. iii. p. 1 35.
3 See the Relcafe.

3 "Waited" here means "expected."
1 Rudder's Gloucifterftiire, p. 434.

Chancellor Fortefcue.

fhort time before its reftoration to the Chancellor, in whofe family it has ever fince continued,
and is now the property of Earl Fortefcue.

A copy of the releafe of the manor of Ebrington will be interefting, and is therefore
given in full : —

Releafe of Manor of Ebrington.1

To alle men to whom this wrytyng fhal come, Rob' Corbet Knyght fende gretyng in oure Lord.
For afmuch as I have folde to Sir John Fortefcu Knyght in fee fymple the reverfion of the Manour
of Ebryghton in the Counteof Glouceftre with the apptenaunces, to be had after the deceffe of Joyes
late the Wif of John Grevyle Efquier for cli. pounds to be payed to me in certayn fourme betwene
us, accorded by reafon of which fale I have by my dede enrolled and fubfcribed with myne owne hande
granted the fame reuerfion to the faid Sir John and other named with hym, to his vfe in fee by vertu
of which the faid Joyes hath attourned to the faid Sir John ; and alfo I have delyuered to the fame Sir
John alle the euidences which ever come to myne handes concernyng the faid Manour ; I woll and
defire as well the forefaid Joyes, the Abbot of Wyncecombe, and alle other perfonnes in whos handes
the faid Sir John or his heyres can wete or afpye any of the forfaid evydences to be kepte, to delyuer
the fame evydences to ham, for the right and title of the reuerfion of the faid Manour is nowe clerely,
trewly, and lawefully in the faid Sir John, his co-feofFees and theyre heyres, and from me and myne
heyres for euer moore, and the faid Manour nor the reuerfion thereof, was neuer tayled to me nor
none of myne aunceftres, but alway in us hathe be poflefled in fee fymple, as far as euer I coude
knowe by any evydence or by any manner, fayyng by my trouthe. Wherfor I charge Rob' my fone,
and myne heyre, his iffue, and alle thos that fhal be myne heyeres herafter, vpon my blefiyng, that
they neuer vexe, implede, ne greve the forfaid Sir John, his faid cofeoffees, theyre heyres, nor
aflignees, for the forfaid Manour ; and if they do, knowyng this my prohibicion I note wel they fhal
haue the curfe of God, for theyre wronge and owr trouthe, and alfo they fhal haue my curfe,
Witnyfyng this my wrytyng vnder my feale, and fubfcribed with myne owne hande, Wreten the v day
of December, the yere of the reigne of Kyng Henry VI'° after the conquefte XXXV".

(L.S.) Sir Roberd Corbet Knyth.

An Inquifition 2 into Fortefcue's property, taken after the Act of Attainder, mows that
he had acquired, befides Ebrington, eftates in Wiltfhire at Kingfton-Deverell, Ironbridge,
and Chippenham, at fome period of his legal career. To thefe mull be added a portion of
his father's eftate in South Devon, which he inherited at his death, between 1435 ar>d *437>
defcribed in the Inquifition as Combe in Holbeton, Overcombe, Nethercombe, Effbrd, and
Alftone.

The falary attached to his Chief Juftice's place was granted to him by Patent,3 bearing
the fame date with his appointment, that is to fay, January 25th, 20 Hen. VI. (1442). It

1 Campbell, Lives of Chancellors, vol. i. p. 376.

2 See Inquifition at Amefbury, 7 Ed. IV. among Inq. Poft-mortem, Brit. Mus., and Appendix.

3 Patent Rolls, 20 Hen. VI. Membrane 10.

Chancellor Fortefcue.

was 1 80 marks, equal to ^150 per annum, together with 106 millings, and 11 pence
farthing, and one-eighth of a halfpenny, for a robe with fur trimming at Chriftmas, and
fifty-fix millings and fixpence for a robe and its lining at Whitfuntide.

Not many days later, namely, on the 6th of February, the King grants him by patent
a Tun (dolium) of Wine annually for his life, to be given to him by the Chief Butler of
England from the port of Briftol.1

And a fecond yearly Tun was added by a New Patent of the 23rd of May, 1443, alfo
for his life, in consideration " of the good fervice which the faid John Fortefcue performs
and may hereafter perform for US."

Thefe two Tuns 2 are fpecially exempted in the Act of Refumption of Grants, pafTed in
the 34th Henry VI. (1455), by the following claufe : "Provided alfo that this Act of
Refumption be not prejudicial, nor extend to the Grant which we have made by our Letters
Patentes to John Fortefcu Knight, of two Tun of Wine to be taken yearly in the Port of
London for the term of his life."

An addition to his falary of forty marks per annum 3 was made in the year 1447 by a
patent of the 22nd of March, which recites that this grant mall be for his life, and that
its object is to enable him to keep up his ftate more becomingly, and to meet his expen-
diture while in his office of Chief Juftice, and alfo that expenditure which it will be fitting
that he mould make when he mall have ceafed to hold the faid office — a thoughtful
precaution.

The text of three of the four above-named Patents, which have come down to us, is
given in the Appendix.

In the year 1459 Fortefcue was prefent at Coventry during the fitting there of the
Parliament, called together at that time chiefly for the purpofe of parting Acts of Attainder
againft the Duke of York and his adherents.4

Fortefcue continued to act as Chief Juftice until the dethronement of Henry, and the
fuccefs of Edward made it impoffible for him to do fo longer. He remained long enough,5
however, to have Yorkift partifans indicted before him, and was not actually fuperfeded until
Sir John Markham was created by Edward IV. his Chief Juftice on the 13th of May,
1461," more than two months after the Battle of Towton, and after Edward's acceffion to
the throne.

Fortefcue, however, could not well have fat at Weftminfter later than the firft half of
1460, for the laft record of his appearance in the Year-Books is as having prefided in the
Court of King's Bench in Eafter Term, 1460 (38th of Henry VI.),7 although there were

1 Rymer, v. part i. p. 120. A Tun of Wine contains 63 gallons, or 84 dozen of quart bottles.

2 Rolls of Parliament, vol. v. p. 31 7. 3 Patent Roll, 25th Hen. VI.

4 Paflon Letters (ed. Gairdner), vol. i. p. 499. 4 Campbell's Chief Jufticcs, i. 141.

4 Dugdale, Orig. Chronica Scries, p. 66, claus. i. Ed. IV. 7 Fofs, Lives of Judges.

Chancellor Fortefcue.

two or three cafes reported in the King's Bench or Exchequer Chamber in the three
following Terms.1

His legal career was now over for ever — not, as he foon proved, from any lofs of vigour
of mind or body, but becaufe he had determined to follow the mattered fortunes of his Royal
matter, and had taken his part as a Lancaftrian adherent.

Henry, fet free from captivity by the defeat of the Yorkifts at St. Alban'son the 17th of
February, 1461, had rejoined there his Queen and her forces, and retired with the army
towards the Northern Counties where the ftrength of his party lay. Here Fortefcue accom-
panied them, and not long after he had exchanged the dignified calm of a Judge's life for
the tumult of the camp, he was found bravely fighting for the falling caufe on the 29th of
March in the bloody battle of Palm-Sunday2 between the villages of Towton and Saxton
in Yorkfhire. Here, fays Holingfhed, "in a fairplain field,"3 Edward with 60,000 followers
approached Henry with 48,000, " about nine of the clock in the morning. When each
perceived the other they made a great fhout, and at the fame inftant there fell a fmall fleet or
fnow, which, by the violence of the wind which blew againft them, was driven into the faces of
King Henrie's armies, fo that their fight was fomewhat dimmed, and they fhot their fheafe-
arrows all to lofs, for they came fhort of the Southern men by threefcore yards." In fpite
of this bad beginning " the deadlie conflict continued ten hours in doubtful ftate of victorie,
uncertainlie heaving and fetting on both fides. The battle was fore foughten, for hope of
life was fet afide on either part, and taking of prifoners proclaimed a great offenfe, fo every
man determined to vanquifh or die in the field; but in the end King Edward fo courageously
comforted his men, that the other part was difcomfited and overcome, and fled to Tadcafter
bridge to fave themfelves ; in the mid-way whither is a little brook called Cocke, not very
broad but of a great deepenefTe, in which, what for hafte to efcape, and what for fear of their
followers, a great number was drowned. It was even reported that men alive patted the
river upon dead carcafTes, and that the great river of Wharfe whereinto that brook doth run,
and all the water coming from Towton was coloured with blood. The chafe laftedall night
and the next day, the Northern men often turning upon their purfuers to the great lofs of
both fides, whofe total lofs is fet down at upwards of 36,000 flaine."

From this great blow the Lancastrians never recovered ; Henry with Queen Margaret
and the Prince fled to Berwick-upon-Tweed, and Fortefcue with them, as we learn from
Leland, who writes that "King Henry, the Prince, the Queen, the Duke of Somerfet, Henry
Duke of Exceftre, the Lord Roos, Sir John Fortefcue Chief Judge of England, and Tailboys
Erie of Kyme, being at York and hearing of this, fled firft to Newcaftle and then to
Berwick delivering it to the Scots."4

1 Selden, Preface to De Laudibus, folio xlvi. note. 2 Rolls of Parliament, vol. v. p. 479.

3 Hoi. iii. 278. 4 Leland's Colle&anea, vol. ii. p. 499.

Chancellor Fortefcue.

We find Fortefcue ftill on the Englifh fide of the border in the end of June, when, in
attendance on King Henry, he was engaged in an encounter with the Yorkifts at Braunce-
peth near Durham, and at Ryton near Newcaftle. Soon after thefe events he retired with
Henry to Edinburgh.

At this period of Fortefcue's career in which his appointment as Lord Chancellor to
Henry VI. muft in one fenfe or another have taken place, we may ftop to confider what
claims he has to be enrolled amongft thofe who de facto filled the office of Chancellor
of England. That he was Chancellor to Henry during his exile is a fact which has not been
difputed, but it is held by mod writers that he never was Chancellor within the realm of
England — we mail fee how far this ftatement is accurately true. It muft, I think, be at
once admitted that if Henry's legal power to appoint a high officer of State ceafed upon the
proclamation of Edward as King of England, it is highly improbable that he ever received
a valid appointment, for Henry was in the power of his enemies until the battle of St.
Alban's on the 17th of February 146 1, and certainly could not until that day have fuperfeded
George Neville who was up to that time nominally his Chancellor, although really under the
Houfe of York, by the appointment of another perfon. There remained then only the
fhort fpace of fifteen days to the 4th of March, p.iflcd in tumult and confufion, in which
Fortefcue could have had the Seals before Henry's reign is generally held to have ceafed.
There is no entry on the records concerning the Great Seal between Neville's creation on
the 25th of July, 1460, and the 10th of March, 146 1, when he took the oaths to the new
King.'

There was, however, a period of above four months from the battle of St. Alban's,
during which Henry was ftill in England and in pofleffion of fome, though but a fmall part,
of his dominions ; for he is charged in the Ad of his Attainder with levying war in his own
perfon againft Edward in Durham* on the 26th of June, 146 1, and here, as we have feen,
Sir John Fortefcue was with him. It feems very likely that one of his firft acts upon
regaining his freedom was to create a Chancellor, who by fealing his writs with the Great
Seal could help to keep up the appearance of kingly power when but little of its fubftance
remained to him ; and the very prefence in his retinue of the venerable and famous Lord
Chief Juftice of England would in itfelf naturally fuggcft fuch an appointment. That
Henry had a Great Seal after his expulfion we know from Queen Margaret's inftructions to
Ormond in Portugal where it is exprclTly mentioned. Thus Fortefcue may well have been
Henry's Chancellor in England, and while there was ftill fome part of the country which
acknowledged his rule.

This probability feems to have efcaped the notice of fome of his biographers, whofe views
of his claim to rank as Chancellor I proceed to give.

Campbell, Lives of Chancellors, i. 370.

; Rolls of Parliament, v. 478.

Chancellor Forte/cue.

Spelman, in his lift of Chief Juftices, fays of him : " Notior in ore omnium nomine
Cancellarii, quam Jufticiarii, diu tamen fundus eft hoc munere, illo vix aliquando. Con-
ftitui enim videtur Cancellarius, non nifi a victo et exulante apud Scotos Rege Henrico fexto,
nec referri igitur in archiva regia ejus inftitutio, fed cognofci maxime e libelli fui ipfius
infcriptione."

Gregor, in the Preface to his Edition of "De Laudibus,"1 writes: "As to the promotion
of Sir John Fortefcue, there is no doubt but that he was Chancellor in fome fort. But
when, or to what purpofe, whether even during the actual reign of Henry VI. or fo as to
exercife his office in Weftminfter Hall, may be a queftion. He accompanied the King into
Scotland, flayed with him and writ for his title there. There, or before in England, he might
be made Chancellor, as Sir Edward Hyde was in Charles the Second's exile."

The writer in the "Biographia Britannica " lays ftrefs upon the title of "Chief Judge
of England,"2 given to Sir John in the pafTage from Leland quoted above, faying that " this
plainly Ihews that he was only Chief Juftice when he attended his Mafter into Scotland,"
he, like others, affuming that the retreat to that country took place at once ; but
adds, " as from the time that he left King Henry there he never faw him any more,
there feems to be no room to doubt that he received the Great Seal from that King there
as foon as it was known that George, Bilhop of Exeter, afterwards Archbiftiop of York,
continued to bear the title, and execute the office of Lord Chancellor by the authority of
King Edward."

If this be correct, Fortefcue was for fome months Chancellor in England ; and the
abfence of his name from the Roll of Chancellors is alfo accounted for.

Lord Campbell,3 who writes of him with veneration, " fufpects that he had only the
titular office of Chancellor in partibus," but, neverthelefs, fays that he feels called on to
include him in his feries of Englifti Chancellors ; while many of the older writers, as Bale,4
copied by Pits, Fuller,5 Pole,6 and Tanner,7 ftyle him Chancellor of England without any
expreflions of doubt or qualification.

Sir John remained in Scotland with Henry upon his retirement there from Berwick, the
Scotch King having, either from pity for his misfortunes, or in return for Henry handing
over to him that town, allowed him to take up his abode in Edinburgh, when he was lodged
in the Grey Friars,8 a residence which his love of folitude feledled.

Here Margaret's energies were foon employed in trying to engage the King of France
to interfere in behalf of his nephew, her hufband, and Ihe prepared to fail for that country

1 Fortefcue, De Laudibus, by Gregor, 1737, folio, Preface, p. xlvi.

2 Biog. Brit. Edition, 1750, vol. iii. p. 1990. See p. 62 of this vol.
4 Bale, Scriptores Mag. Brit. (8th century).
6 Pole, Collections for Devon.
8 Guthrie, Hift. Eng. vol. ii. p. 692.

3 Campbell, vol. i. p. 370.

6 Fuller, Worthies of England.

7 Tanner, Bibl. Brit. Hib.

{ fiamreJ/ci vJcdeJcue t&mA . Men . i /.
&&cvrice£lcAL to tfu f/ip?i Titmice cf Krt/eJ.

The above sketch, with the remarks beneath it, was communicated to (he Society of Antiquaries
on the 21" December, 1709 , by the Honble Dairies Harrington.

Chancellor Fortefcue.

with the Prince, but the death of Charles VII. at this time feems for the prefent to have
flopped her, and, as the following letter mows, with good reafon : —

Letter from Lord Hungerford and Sir Robert Whityngham to Queene Margaret.

A la Reyne D'engleterre,

Efcote,

Madam, — Pleafe it yor gode God we have fith our comyng hider writen to yor Highnes
thryes the laft we fent by Bruges to be fent to you by the firft vefTell that went into Scotland
the oder two letters we fent from Depe the t'on by the Carvell in the whiche we came and
the oder in a noder vefTell but madam all was oon thyng in fubftance of puttyng you in
knolege of the Kyng your Uncles deth whom God afTovll and howe we ftade areft and doo
yet, but on tuyfday next we truft and underftande we fhall up to the King yor Cofyn
germayn, his comyflaries at the firft of our tarrying toke all our letters and writyngs and
bere theym up to the Kyng levying my Lord of Som'fet in kepyng atteCaftell of Arkcs and
my felowe Whityngham and me, ffor we had faufF conduct in the Town of Depe where we
ar yete. But on Tyyfday next we underftande that it pleafeth the faid Kyngs Highnes that
we fhall come to hys p'fence and ar charged to bring us up Monsr. de Crefiell nowe Baillyf
of Canfe and Monsr. de la Mot. Madam ferth you not but be of gode comfort and beware
that ye aventure not your p'fon, ne my Lord the Prynce by the fee till ye have oder word
from us in leffe than your p'fon cannot be fure there as ye ar, that extreme necefTite dryfe
you thens and for God fake the Kyngs Highnes be advyfed the fayme, fFor as we be enformed
Therll of March is into Wales by land and has fent his navy thider by fee, and Ma Dame
thynketh verily we fhall not foner be delyvered but yt we woll come ftreght to you w'aut
Deth take us by the wey, the which we truft he will not till we fee the Kyng and you
peifTible ayene in your Reame, the which we befech God foon to fee and to fend you that
your Highnes defireth. Writen at Depe the xxx" day of Auguft. (1461).

Yor true Subgettes and Liege men

Ho NCERFORD,

Whityngham.

At the bottom of the copy of the Letter is added: —

Thefe are the names of thofe men that ar in Scotland w' the Quene. The Kyng
Henry is at Kirkhowbre w1 four men and a childe. Quene Margaret is at Edenburgh and
hir Son. The Lord Roos and his Son.

Chancellor Forte/cue.

John Ormond
Will'm Taylboys
Sr John Fortefcu
Sr Thomas Fyndern
Sr Edmund Hampden
Sr Henry Roos
John Courtney
Myrfyn of Kent
Waynesford of London
Thos Thompfon of Guynes
Thos Brampton of Guynes
John Audeley of Guynes1

Henry meanwhile continued in Scotland, the Chancellor employing his leifure in com-
pofing thofe " wrytings fent out of Scotteland," which he was deftined afterwards to explain
or refute to King Edward's fatisfadtion. He tells us that he was " Chief Councillor to the
King in Scotland, and therefore muft have had much to fay to the various negotiations for
his matter's reftoration, carried on with his party in England, as well as with foreign
Potentates.

In November of this year Edward IV. called his firft Parliament at Weftminfter.
Both Houfes, entirely fubmiflive to the new King, who indeed left them no liberty to
oppofe him, declared the three laft Sovereigns no better than ufurpers,2 and, having annulled
many of their acls, proceeded to pafs a moft fweeping Act of Attainder againft Henry VI.
his Queen, and his Son, the Dukes of Somerfet and Exeter, with 148 Lords, Knights,
Priefts, and Efquires ;3 among thefe was Sir John Fortefcue. The ads of treafon with which
he is charged are the Battle of Towton, on the 29th of March, and the riling or lkirmifhes
at Brauncepeth and Ryton on the 26th of June.

Here are the fentences which affect him : —

"And where alfo Henry Duke of Exceftre, Henry Duke of Somerfet . . . John Fortefcue,
Knight (with many befides), on Sunday, called comynly Palm Sunday, the xxixth day of
Marche the firft yere of his reigne, in a field bitwene the townes of Shirbourne in Elmett,
and Tadcaftr, in the faid Shire of York, accompanyed with the Frenfhmen and Scotts
the Kynge's ennemyes, falfely and traitoroufly ayenft their feith and Liegeaunce, then vexed
werre ayenft the fame Kyng Edward, their rightwife true and naturall leige Lord, purpofyng
there and then to have deftroyed hym, and depofed hym of his Roiall Coroune and Dignite ;

Langheyn of Irland
Thomas Philip of Ipfwich
Danfon
Thos Burnby
Borret of Suflex
Sr John Welpdalle
Mr Roger Clerk of London
John Retford late Coubitt
Giles Senctlowe
John Hawt

1 Fenn, Paflon Letters, vol. i. p. 246. 2 Statutes at Large, vol. i. l Ed. IV. cap. i.

3 Rolls of Parliament, vol. v. p. 463.

Chancellor Fortefcue.

and then and there to that intent, falfely and traiteroufly moved bataille ayenft his feyd aftate
fhedying therin the blode of a grete number of hys Subjetts." . . .

" And over that, when the faid Henry late called Kyng of Englond the Sixth, and alfo
Thomas Lord Roos, Thomas Gray, Lorde Rugemonde Grey, Humfrey Dacre, Knyght, John
Fortefcu Knyght, William Taillboys Knyght, Edmund Mountford Knyght, Thomas Neville
late of Brauncepath in the Bifoprycke of Durham Clerk, Humfrey late of the fame Squier,
and Thomas Elwythe late of Caleys Squier, the xxvi day of June laft part, at Ryton and
Brauncepath in the Bifoprycke of Durham with ftandards and gyturons unrolled, vexed werre
ayenft oure feid Lord Kyng Edward, purpofyng to have depofed hym of his Roiall Aftate,
Coroune, and Dignite, ayenft their feith and Liegeaunce, &c. &c.

" It be declared and adjuged by th' aftent and advis of the Lords Spiielx, and Temporelx,
and Commyns, beyng in this prefent Parlament, and by auctorite of the fame, that they
[here the names are recited again, including Sir John Fortefcue Knyght] for their traitorefte
offences and tranfgreflions afore declared, committed and doon ayenft the feid Aftate
Coroune and Dignite of oure feid Soverayne Lord Kyng Edward the fourth, ftand and be
convycted of high treafon, and forfeit all the Caftelles, Maners, Londes, Lordftiips, Tentes,
Rentes, Services, Fees, Advoufons, Hereditaments, and PofTeflions, with their appurtenances,
which they or any of theym had, of eftate of enheritauncc, or eny other to their or any of
their ufe hadde, the feide fourth day of March, within Englond, Irlond or Wales, or Caleys,
or in the Marches thereof." 1

The eftates which the Chancellor loft by his attainder were foon after granted to adhe-
rents of the conquering party, his manor of Ebrington being given, as before mentioned, to
Sir John Burg,2 and other lands to John Lord Wedlock,''1 a zealous Yorkift.

It was not until the fpring of the next year that Margaret went to France. She failed
from Kirkcudbright in April, 1462,1 with four ftiips and a fmall attendance, landing in
Brittany, where the Duke gave her an honourable reception,5 and twelve thoufand crowns.
She then proceeded to her father's Duchy of Anjou," and finally to the Court of Louis XI.
at Chinon.

The new King was not warm in his fupport of his kinfwoman's caufe, but was at laft
prevailed on by her entreaties, and by the offer of Calais as a fccurity, to lend her twenty
thoufand crowns, and to allow Pierre Breze, the Senefchal of Normandy, to follow her
fortunes with two thoufand men.

After a ftayof feveral months Margaret failed from France, and after many adventures on
the coaft of Northumberland, where fhe landed fome troops who were forced by the Englifti

1 Rolls of Parliament, v. 478. 2 Atkyn's GlouccfUrihire, p. 425; fee Biog. Brit. p. 1994.

3 Rolls of Parliament, v. 581 . 4 William of WyrccuYr's Chronicle, a.d. 1462.

8 Lingard, v. 176. • Guthrie, Hid. of England.

Chancellor Forte/cue.

to re-embark with great lofs, Ihe with the remains of the expedition reached Berwick. Here
Henry and the Prince joined her from Edinburgh, and a defcent upon England was
organized, when Bamborough, Alnwick, and other ftrong places fell into the hands of the
Lancaftrians,1 who were joined by the Duke of Somerfet and Ralph Percy, and by many of
the inhabitants of thofe parts. But when the Earl of Warwick arrived in the North with
twenty thoufand men, and King Edward with as many befides, the iffue of the ftruggle was
no longer doubtful ; and on the 17th of May, 1464, the Lancaftrians were totally and finally
defeated at Hexham, Henry himfelf efcaping with difficulty. He fled once more to Scot-
land;2 but, after a time, urged, no doubt, to leave that country by the Scotch King,
who had made terms with Edward IV., he went into Lancashire and Weftmoreland, where
the people were attached to his caufe and kept him hid ; but being at laft difcovered, he was
taken prifoner in June, 1465, and committed to the Tower, where he remained for feven
years.

It would appear that Margaret and the Prince took refuge in the ftrong fortrefs of Bam-
borough Caftle, ftill in the hands of their party.

Fortefcue, who had accompanied the Royal party in this campaign, was now finally parted
from his unfortunate mafter. He remained with the Queen and Prince at Bamborough ;
and when it was determined that they mould proceed to the Continent, he refolved to attend
them, and after a ftiort delay embarked in their company at Bamborough, with fome other
perfons of note. Their names are preferved by William of Worcefter, viz. : —

The Duke of Exeter,3
Sir John Fortefcue,
Sir Edmund Mundeforde,
Sir Edward Hampden,
Sir Henry Roos,

Sir Thomas Ormonde,
Sir Robert Whytyngham,
Doctor John Morton,
Doctor Robert Makerel.

With many befides of lower degree, whofe names are not recorded, to the number of two
hundred perfons. They landed at Sluys, in Flanders, then part of the dominions of the
Duke of Burgundy, and were hofpitably received by the Count of Charolois, his eldeft fon,
who took the Queen to Bruges, providing for the wants of the party with great liberality,
and afterwards led them to his father's court at Lifle, where they remained for fome time, the
Duke giving a thoufand crowns for their maintenance. They poflibly, however, outftayed
their welcome, for Rapin relates from Philip de Comines, that the Royal exiles here endured

1 Holinftied (4to.), vol. iii. p. 282.

3 William of Wyrcefter's Chronicle.

Rapin.

Chancellor Fortefcue.

great mifery, and that the Duke of Exeter, before his rank was known, was feen by De
Comines following the Duke of Burgundy's carriage barefoot.1 The next journey was to
Lorraine, where Margaret's father, Rene of Anjou, titular King of Jerufalem and Sicily, was
Duke. This Prince, who had inherited from his father the adjoining duchy of Bar,
fucceeded to that of Lorraine in right of his mother, Ifabella, only daughter of the former
Duke. He received his daughter and grandfon with kindnefs, and gave them and their
followers a retreat in Barrois, or Berry, as the old authors write it. The place afligned to
them was St. Mighel, or St. Mihiel, a fmall town on the right bank of the Meufe, which
there flows through a narrow valley fhut in by high hills; the Englifh exiles were lodged in
the fortrefs.

It was probably at this time that Fortefcue, defiring to forward Henry's caufe, made the
journey to Paris to which he prefently alludes; we know, however, that before the end of the
year he was fettled at St. Mighel. A letter from him to the Earl of Ormond in Portugal is
extant in the Imperial Library in Paris, which will be read with intereft, as mowing the
ftraits and poverty to which he was reduced. It is very illuftrative of the times and circum-
ftances ; as are the inftructions which he drew up at the fame time for the Earl's guidance,
and the high-founding Latin of the letter which he compofed for the Prince to the King of
Portugal. Not lefs fo is the note of the former to Lord Ormond, " written with his own
hand " when he could not have been more than eleven years old, the date of his birth being
the 13th of October, 1453.2

I am not aware that any of thefe documents here given have been publifhcd before; they
are from the Baluze collection.

Letter of Edward, Prince of Wales, Jon of Henry VI., to the King of Portugal,
a/king him to affift in the reftoration of King Henry to the throne of England. Dated
13 December.

Serenissime princeps. Poft debitas recommendationes veltrique incolumitatem optaram.
Cum plurimos geftis inclitis elucentes viros tacita mcnte perfcrutor, hos maxime qui virtutem
et gloriam aflequuti percelebri laude fupra fidera effcruntur, nullos clariores, nullos majori
gloria apud mortales adornatos comperio his quos zelus, neceMitudo, patria, caritas, ad gefta
magnifica advocavit. Hos enim non ignis, non enfis, non gladius, non ipfa mors humani
terror generis abfterrebat, nec quicquam arduum erat quod eis pro reipublica- augmcnto ac

Rapin, i. 600.

- Lingard.

7°

Chancellor Forte/cue.

defenfione durum aut difficile videbatur. Maximum itaque decus fe putabant adeptos, cum
ob virtutem maximum aliquid aggrederentur. In vobis igitur, illuftriffime princeps, optima
mihi repofita fpes eft, qui juftitia, prudentia, fortitudine, temperantia, magnanimitate, ac
omni tandem virtute et gloria, adeo polletis, ut nulli nunc orbe principum humanitate fe-
cundus videamini, ficque polletis uti cum vires hauferim et in viriles evaferim annos, caeteros
inter mundi principes veftri fimilem fore in re militari, probitate, et gloria fumme exoptem.
Hifque veftris virtutibus prasclariflimis fumme congratulor, eoque magis jocundius atque
feftivius quo ex inclitiflima domo Lancaftriae fama per mundum et fuper asthera nota pro-
diiftis, cujus jam ulcifci injurias horum eft qui ab ea procefTerunt. Topirum laudibus excelfis
ac nunquam in asvum morituris extollebat antiquitas, ardua atque maxima paflum, ut vi
gladii Babylonios rebellantes fubditos regi fuo faceret ; injuriam enim a fubditis regi faclam
fibi etiam factam aebat, adque jus regum et decus pertinere contra tyrannos fefe invicem totis
viribus confolari, defendere, adjuvare. Romani infuper, dum nobilitate ac militari gloria per
orbem floruere, tunc maximum decus fe adepturos rati funt cum regiones, provincias, civitates,
cum propinquos fanguine, amicos, reges, aut principes injuria laceflitos omni conatu etiam ad
extremum fanguinem defenderent. Namque jufticiae non modica portio eft injuriam proximo
illatam, ac longe fortius fanguini proprio, propulfare. Id ferme non modo pofitiva aut
civium politica lex, Ted ipfa natura fuadet atque jubet ; hoc ipfos quafi frequentibus ftimulis
contra tyrannos contraque rebelles ad enfem, ad lanceam, ad omnia denique armorum genera
viribus totis urgebat. Quorfum hasc cum vos ipfe fitis, inclitiffime princeps, quern non minori
laude quam Scipiones ipfos, Fabios, quam Fabricium, quam Achillem, quam Heclorem, aut
Herculem ipfum, admirando animi robore linguae pasne cunctorum indefefle glorificant. Id
a tanto Principe ferendum non aeftimo ut regius domini ac patris mei flatus fplendorque
Lancaftrie domus, cujus ipfe columna eftis, tyrannorum rebelliumque malitia obfcuras ad
tenebras excidat, cujus ante hac fama praefulgens per orbis refplenduit climata. Meminifle
igitur vos regii ftatus, meminifle domus et fanguinis, meminiffe ligae ab olim contradlae velim,
ut jus ac regale decus ad laefi regis defenfionem, ad domus et fanguinis tuitionem natura,
amicitias vero vinculum tales inter principes ab antiquo contracte inconvulfe fervandum lex
ipfa atque rei publicas zelus commoveat. Parcite, precor, ft importunus videar ; nam res
patris agitur, res filii agitur, et omnium principum res ac caufa agitur ; fanguinis etiam ipfa
conjunctio me magis his, licet primis meis litteris, audacem facit. Si quid igitur harum con-
templatione agere hac juventute mea velitis, cum ad annos pervenerim fixum vobis ac folidum
poftfuturis temporibus in omni re veftra confanguineum, et fi fic placeat, fine fuco amicum
comparabitis. De injuriis vero domino ac patri meo illatis latior eflem nifique confanguineus
meus, comes Ormundiae, qui jam vobifcum eft, omnia dicet, quae certe talia funt ut neminem
hominum arbitror quern non ad larga lacrimarum flumina commoverent. Pro ipfa autem
ampliffima humanitate veftra quam fibi, necnon magiftro Rogero, confilii domini mei clerico
benemerito, feciftis, quantas poftum immo infinitas gratias et do et efFero, poftea, duce Chrifto,

Chancellor Fortefcue.

fecundis temporibus daturus ampliores, qui vos feliciter ac diu regnare faciat ad nominis veftri
decus fempiternum.

Ex Sancto Michaeli in Barro, tercio decimo Decembris.

Wallias1 princeps vefter ad vota paratiflimus confanguineus

Edwardus.

Letter from Sir John Fortescue to the Earl of Ormond, containing direclions how to
-proceed in his mijfion into Portugal, to obtain affifiance for Henry VI, at that time
dethroned by Edward IV.

Ryghte worfhipfulle and myne efpecially belovyde lord, I recommaunde me to you ; and
it is fo that in the fefte of the Concepcioune of our Lady I refceyvide, at Seynte Mighal in
Barroys, frome you a lettre writyne at Porte in Portingale, on Monday nexte before the fefte
of Seynte Mighel, to my righte finguler comfort, God knowith. Of which lettre the quentr,
my lord prince, and alle theire fervantes were fulle gladde, and namely of youre welfare
and efcapynge the power of youre ennymyes. And it is fo that the quene nowe defirethe
you to do certayne meflage frome here to the kynge of Portyngale, of whiche ye moure
clercly underftande here entente by an inftruclione, and alfo by here lettres, which here
highnefle now fendithe to you by the berer hereof. Wherfore I write nowe nothynge to
you of tho materes.

And as touchynge the fauf conducle whiche ye defire to have of the kynge of Fraunce,
it were gode that ye hadde it. And yet yf his hyghnefle do to us nothynge but righte, the
queues ccrtificat, whiche we fende to you herewith, fhulle be to you fwerte fufficiant. Noe-
thelefle I counfeille you not to trufte fermely theruppone, and therby to aventure you to
pafle thorghe his lande, for he hathe made many appoyntements withe our rebelles, by
whiche it femythe he hathe not alwey entended to kepe the peace and triwes whiche he made
withe us ; but yet I knawe no caufe that he hathe to breake hit, nor hetherto he hathe not
takene nor imprifoned any mane of oure partie by any foche occafione. And Thomas Scales
hathe fente me worde that he hopithe to mowe getc, by the meanes of my lord Senyfchalle,
a fauf conducle for you. And elles my lord of Kcndale canne fynde the meanes howe ye
mowe pafle foche parties of Gyane, Langdok, and other, whereas moft juperte is, as ye fhulle
be in no perille. My lord of Somerfet that now is and his brother come frome Britayne by
Parys thorghe Fraunce unto the quene withe vj. horfes, and no maim refonyd ham in there
way. And fo didde I from Parys into Barroys; but yet this is no verrey furety to you.
Wherfore your aune wyfdome moft gyde you in this cafe, not truftynge myne advife, that

1 The concluding part of this letter is in the bold but unformed writing of the prince. The fcal is extant.
There is no addrel's, but on the back is written " Pro principe." concerning which, fee the next letter. The
paper is ftrong, thick, and highly glazed. No water-mark is vilible, but the wire-marks of its fabric are
clearly perceptible.

yZ Chancellor Forte/cue.

knawe not the maner of this contrey as ye do ; but yet I wote welle that a bille figned with
my lorde Senyfchalle is hande mall be fufficiant unto you to pafle thorghe oute alle Fraunce.

My lord, herebuthe withe the quene the dukes of Exceftre and Somerfet, and his brother,
whiche, and alfo fir Johne Courtenay, buth defcended of the houfe of Lancaftre. Alfo here
buthe my lord Prive Seal, mafter Johne Mortone, the bifThope of Seynte AfTe, fire Edmond
Mountford, fir Henry Roos, fir Edmond Hampdene, fir William Vaux, fir Robert Whit-
yngham, and I, knyghtes, my maifter youre brother, William Grymmefby, William Jofepe,
fquiers for the body, and many other worfhipfulle fquiers, and alfo clerkes. We buthe alle
in grete poverte, but yet the quene fufteynethe us in mete and drinke, fo as we buthe not in
extreme neceflite. Here highnefle may do no more to us thanne me dothe. Wherfore I
counfeille you to fpend fparely foche money as ye have, for whanne ye come hether ye fhulle
have nede of hit. And alfo here buthe maney that nede, and wolle defire to parte with you
of youre aune money ; and in all this contray is no manne that wolle or may lene you any
money, have ye never fo grete nede. We have here none other tythinges but foche as buthe
in your inftruccione. Ji
Item, yf ye fynde the kynge of Portingale entretable in clofe materes, fparithe not to tarie
longe withe hym. And yf ye fynde him alle eftraunge, difpendithe not your money in that
contrey in idilce ; for after that ye came hithere, hit is like that ye fhulle be putte to grete
coftes fone uppone, and peradventure not long tarie here.

Item, my lord Prince fendithe to you nowe a lettre writyne withe his awne hande, and
another lettre directed to the kynge of Portyngale, of whiche I fende nowe to you the double
enclofyd hereyn.

I write at Seynt Mighel in Barroys, the xiij. daye of Decembre.

Your fervant, J. Fortescue.1

My lord, by caufe we knew not verrely the kynge of Portingale is
name, the quene is lettre hathe no fuperfcripcione, nor the lettre fro my
lord Prince ; but ye moure knowe ham alfo welle by the feales as by
this, that in the fyde where the feal is fette of the quenes letter is writyne
thife wordes, " Pro Regina," and in like wyfe in my lordes lettre is
writyne, " Pro Principe." And I fende to you hereyn foche wordes of
fuperfcripcion as ye fhalle fette uppone bothe lettres, whiche wordes buthe
writyn withe the hande of the clerke that hath writyne bothe lettres.

Item, the berer hereof had of us but iij. fcutes for alle his coftes
towardes you, by caufe wee hadde no more money.

(Dorfo.) To the righte worfhipfulle and my fingulerly belovide
lorde, the Erie of Ormonde.

1 " Your fervant, J. Forte/cue," is in the autograph of Sir John. The feal given above is that which he
commonly ufed.

Autograph Signature of Sir John. Portescue Chancellor of
the Exchequer to Queen Elizateth, attached to his letter to
the Earl of Ormonde, in the Tmpl. Lib. Paris.

Chancellor Fortefcue.

Instructions given by Queen Margaret to the Earl of Ormond, refpecling his mifflon
to Portugal to obtain ajji fiance for the reft oration of Henry the Sixth.

Here folowithe an inflruccione made by the §)uene of Englande unto the erle of Ormonde and to mai/ier
Roger Tonge, clerke of the kynges counfeille of Englande, for the expedicione of foche materes as the
^uene deftrethe to be fpedde at this tyme for the kynge her hu/band withe the kynge of Portyngale here
mofi dere cofyne.

First, that they thanke the kyng, here faide coufyne, of the favoure and gode wille whiche
he hathe alway borne and fliewyd to the kynge here hufbande ; and namely in this now, his
grete trouble and hers. And in fpecialle, of the grete favoure whiche he fhewyde unto
William Jofej>, fquier for the kynges body, in his late beynge withe hym by here com-
maundement for the kynges materes, and pray hym of like contynuaunce.

Item, that they lete here faide coufyne clerely underftonde that (ibleffed be Almyghty
God,) the kyng here hufband is in gode hele, out of the handes of his rebelles, and in
fewerte of his perfone, as here highnefle hadde late writynge frome him, enfealed with his
fignet and fignyde with his owne hand, whiche is ounedoutedly knawene to here felfe and to
alle here counfeille.

Item, the quene wille that the faide erle and clerke faye unto the faide kynge here
coufyne howe that the kynge here hufbande and alfo here felfe have a fulle, finguler, and
ferme trufte uppone the gode wille, frenmipe and ayde of hym in this theire gretteft and
extreme neceflite ; confiderynge not onely the nyghneffe of theire blode, and that they, bothe
kynges, buthe defcended of the houfe of Lancaftre, whiche alway hathe bene rennomyde of
finguler kyndeneffe, faythe and ftabilneffe, but alfo the longe contynewyd amvtee, peace, and
gode wille, whiche have be betwene the fame kynges and theire reaumes. And moft the
quene hathe in here mynde of howe grete nobleffc, wyfdome, and prueffe here faide coufyn of
Portingale is nowe namyd and knowenc through oute the worlde, and therfore amonge
other caufes chofyn and made by the faide kynge here hufband, while he was in profperite,
and by the hole chapiter of the ordre of the Garter, a knyghte of the fame ordre, by
whiche confideracione fhe hathe noo litelle trufte of the ayde of the faide kynge here coufyne;
but moft by confidcracion that he is a Chriftian kynge, and the wronge whiche nowe is done
to the kynge here hufband by his oune fubgettes and liegemen is an injurie and difhonoure
to alle kynges, and mater of boldeneffe to alle fubjeclcs for to rebelle aycn theire fovereyne
lordes, to the perille and unfiwerte of alle princeffe, yf it be not ponysfhed. And as a
wronge done to a man of the Chirche whanne it fownvthe to the difhonoure or perille of the
remenant of the Chirche is, and fo aughte be, takyne as a thynge harmefulle to alle the
Chirche, and in like wyfe done knyghtes whanne any thynge is done to the difhonoure of
knyghtehode, and wymmen, whanne any thynge is done to the difhonoure of wymmenhode,
moche more aughte every kynge make hym felfe partie whanne any thynge is done to the
difhonoure or perille of the religione and eftate of kynges.

Chancellor Forte/cue.

Item, that they lete here faide coufyn underftande howe that the more partye of the
people of England, and namely the beft difpofede men of the fame, kepyne truwely and
fermely theire faithe and love to the kynge here hufband, and fayne wolde fhewe ham felfe
foche, but they dar not do fo as well for fere of tyrannie and mordre whiche fhuld de done
uppon ham as by caufe they have no grete lorde to be theire capitayne that wille and darre
fhewe hym felfe foche and kepe the fylde, while the kynges welle difpofede people myghte
be affemblede and come unto hym. Wherfore it fhalle nede that the quene gate fome notable
and manly prince, or other capitayne, accompanied with iij. me. menne at the left welle
garnyslhed withe habilymentes of werre, whiche myghte take and kepe a fylde in foche
parties of England as the quene's counfeille knowithe befte difpofede to this cafe, into the
tyme the people myghte by boldneffe of ham fhewe ham felfe and come unto ham.
Whiche and hit were done they fhulde be in myght sufficiant ; namely, yf thanne the
kynge were withe ham in perfone, for by comfort of his prefance they fhulde fone be grete
in nombre, and his rebelles fore ferde to come agayne hym. And foche as fhulde be
broughte thereto by his rebelles wolde thanne be fayne to come ynne to him, and have his
grace, levynge the fame rebelles partie or turnynge uppone ham, as is moft like. And as
the quene is faythfully informede, the moft partie of the comyne that buthe nowe ladde by
the world fayne do. Wherfor yf the kynge, here faide coufyn, myghte be entretede to
helpe the kynge here hufband in this cafe withe a capitayne and the nombre of iij. me. men,
here counfeille feethe clerly that the kynge here hufband fhuld thereby be furely broughte
into his reaume and fette in refte in the fame, and that thenne by that meane the kynge of
Portingale myght have at his neceffite at his oune wille the hole myghte of England to
refifte and chaftife his ennemyes, and to defende and helpe his frendes, and fo in alle his
nedes have the hole myghte of bothe reaumes.

Item, the Chaunceller of England and other perfones, whiche buthe nowe in thife parties
have fufficiaunt auftorite and power under the kynges grete feal to bynde the reaume of
England, and alle other of the kynges poffeffions and lordfhippes, for the repayment of alle
fuche coftes and expenfes as fhalle be done for the kynges caufe in this cafe. And wolle be
alwey redy to make the fureties thereof, whenne fo ever hit fhalle be thoughte unto the
queene neceffarie that they fo do.

Item, yf the faide erle and clerke fynde the kynge of Portingale lovynge and tender to
the kynges partie, and of gode hele to helpe hym in his quarelle, thanne they mowe defire
the fame kynge to write to the Emperoure and to the Empereffe his fufter, whiche alfo is
difcended of the houfe of Lancaftre, to fhewe theire favoures and gode wille to the faide
quarelle, and to helpe in that they maye, that the Pope and the collage of Cardinales do the
fame. And in like fourme that the fame kynge of Portingale write to my lord Charles,
whiche alfo is difcended of the fame houfe, commendynge hym of his perfeverant kyndneffe

Chancellor Fortefcue.

whiche, after the nature of that houfe, he fhewithe to the kynge his coufyne 1 of Englande
in his grete trouble, and praye hym of contynuaunce, letyng hym wete that he wolle do the
fame.

Item, fithen the kynge of Spayne hathe weddede another fufter to the kynge of Portin-
gale, he maye the better be entretede that he allie hym not withe the kynges rebelles, but be
welle willede to the kynges partie, and that we mowe have free paflage throughe his reaume.
And yf he wolde take oure partie, we myghte thanne be myghty ynowe bothe by fee and
by lande, and he therby have with us a perpetualle peace, and thanne have alle oure myghte
ayene his ennemyes, whiche fhulde be the gretteft gode that of many yeres hathe comyne to
his reaume ; and, namely, for the merchandifes and fhippes of the fame. And thefe ij.
kynges myght peradventure caufe us, and theyme felfe by the means of us, to make and have
a perpetualle peace withe the reaume of Fraunce.

Item, the kynge of Portingale may fone fynde the meanes howe alle foche cardinales of
his reaume and of Spayne, as buthe in the courte, mowe be made frendely to oure partie.

Margaret.

(Dorfo.) To my lord of Ormonde.

Holograph Letter of Edward Prince of Wales, fon of Henry VI., to the Earl
of Ormond, upon his miffion into Portugal, to obtain afftflance for the reftoration of King
Henry.

Cousin Ormond, I grete yow hertly welle, acerteynyng yow that I have herd rythe gode
and honorabele report of your fad, wife and manly gyding agcynft my lordis rebellis and your
adverfaries, in the witche ye have purcheafed unto yow perpetually lawd and worftYip. And
I thanke God, and fo do ye allfo, that ye at alle tymes under His proteccione have efcaped
the cruelle malife of your fayd adverfaries.

And for afmotch as I underftand that ye ar nowe in Portingale, I pray yow to put yow
in the uttremoft of your devoir to labore unto the kyng of the fayd royalme for the forder-
ance and fetyng forthe of my lord in the recuvering of his ryght and fubduing of his rebellis.
Wherin yf ye fo do, as I have for undowted that ye wyll, I truft fume frute (halle folue, with
Godis mercy, witche fpede yow well in alle your workes.

Writen at Seynt Mychacl in Barr, w' myn awn hand, that ye mey fe how gode wrytare
I am.

Edward.

(Dorfo.) To my cofyn the Erie of Ormonde.

' Henry III. married, in 1388, Catherine daughter of the Duke of Lancafter.

Chancellor Forte/cue.

The letter from Margaret to King Alfonzo, mentioned by Fortefcue, has not been
preferved.

The King of Portugal at this time, whofe name was not known to Fortefcue, was
Alfonzo V., his grandmother was Philippa daughter to John of Gaunt the Duke of Lancafter,1
who married Joam I. of Portugal in 1403.

The Emperor of Germany was Frederick III., married to Eleonora daughter of King
Edward of Portugal. The King of Spain was Henry IV., married to a Portuguefe Infanta ;
he was alfo related to Henry VI. of England in the fame degree as his wife, his grandmother
being Catherine another daughter of the Duke of Lancafter.

The Earl of Ormond above mentioned was John, the fixth of that title ; he was prefent
with his elder brother, James fifth Earl of Ormond and Earl of Wiltlhire at the battle of
Towton, and now in confequence attainted; he fucceeded nominally to his brother's Earldom
of Ormond upon the beheading of the latter by the Yorkifts at Newcaftle (May 1, 1461),
and forthwith fled to Portugal.

We find Fortefcue, after a ftay of fome months at St. Mighel, again engaged in prefling
his mafter's caufe upon the French King. Henry fent him his credentials, as one of his
ambaffadors, from Edinburgh in March ; and he foon after accompanied to Paris the famous
Lancaftrian Jafpar Tudor Earl of Pembroke, Queen Catherine's fon by her fecond hufband
Owen ap Tudor, and therefore half brother to Henry.

There is fome mention of this journey in a defpatch from the authorities at Rouen to
their King, announcing the arrival of Pembroke and " the Chancellor of England," from
which it appears that Louis, who wifhed to come to terms with Edward IV, had already
thought it wife to withdraw the right of free accefs to himfelf and his country which
Henry's friends had enjoyed, by requiring that all Englishmen mould be furnifhed with a fafe-
conduct before they were allowed to pafs through France.

Sir John had joined Pembroke in Flanders, and there learning the need of fome protec-
tion, they had recourfe to the friendly Count of Charolois, who gave them letters to fmooth
their way to Paris.

Here follows the defpatch : —

12 June.

Notre fouverain Seigneur nous nous recommandons a votre bonne grace tant et fi tres
humblement comme plus povons. Et vous plaife favoir notre fouverain feigneur que au
jour duy font entrez par congie en cette ville de Rouen le Comte de Pennebroc, et Meflieurs
Jehan Fortefcu, chevalier, chancellier du Roy Henry DAngleterre, le quelz font venus
devers nous et nous ont remonftre que de par le dit roy Henry ilz eftoient envoiez comme
ambaxadeurs devers vous et avoient prins la charge foubz la confidence du congie general

1 Hume, iii. 548.

Chancellor Forte/cue.

daler et venir par voz pays quil vous pleuft odtroyer en la faveur au dit roy Henry a tous
les fubgiez tenans fon party. Mais pour ce quilz avoient fceu, eulx eftans en Flandres, la
deffenfe generalle fait aux Anglois de non eulx trouver en votre royaume fans avoir fauf-
conduit, ilz eftoient tournez devers Monfeigneur de Charolois, qui leur avoit octroye, pour
leur feurte, certaines lettres requifitoires a tous voyjufticiers et lieuxtenans, lefquelles ilz
nous monftrerent, enfemble unes lettres miflives que nous efcripeoit en leur faveur mon dit
feigneur de Charolois pour les laiffer pafler, ainfi que porrez veoir, fe ceft votre bon plaifir,
par icelles lettres miflives et mefmement par le double des dites lettres requifitoires de mon
dit Seigneur de Charolois cy dedens enclofes, et nous requeroient feurte de aler devers vous,
difans quilz avoient lettres que mon dit Seigneur de Charolois vous efcripeoit pour leur fait.
Sur quoy, fire, apres que avons debatre la matiere avec aucuns de votre confeil eftans
pardeca, avons remonftre aus dis conte et chancellier que au regard de la deffenfe qui faicte
avoit efte, elle eft generalle pour tout les Anglois, tant de ceulx du cofte du Roy Henry que
de lautre part par complaintes qui vous avoient efte faites des inconveniens qui eftoient
advenus et povoient advenir a voz fubgiez par courfes et pilleries par raifon de la frequenta-
cion que avoient eue par deca ceulx du party du dit roy Henry dont aucuns feftoient tournez
de lautre cofte et pour autres caufes que a ce vous avoient meu, et puis que ainfi eftoit que
la deffenfe avoit ainfi efte faicle, et par (ici ?) 1 publique que a nous neftoit pas de y toucher,
mais toute voys que confidere leur cas et quilz affirmoient aler devers vous, et aufli quilz
difoient porter lettres de mon dit Seigneur de Charolois ne leur donnerions aucun empefche-
ment et advifaflent a ce quilz avoient a faire. Par quoy, Sire, ilz ont prins le chemin de tirer
devers vous comme ilz dient. Et pour ces caufes envoyons ce meffagc en toute diligence
devers vous, afin que en foiez adverty avant leur venue, en enfcrivant ce quil vous a pleu
nous efcripre et commander de vous advertir tousjours de ce qui furvendroit des nouvelles
des dits Anglois pour on furplus ordonner votre bon plai fir. Notre fouverain Seigneur nous
prions le Benoift-Filz de Dieu quil vous ait en fa faincte garde, et vous doint tres bonne vie
et longue et accomplifement de voz tres nobles defirs.

Efcript a Rouen le xiij jour de Juing. Vos tres humbles et tres obeiffans fubgiez et
ferviteurs

J. EVESQUE DE SaINT BrUC

Louys Destouteville
et Johann Arnoulfin

E. PlCART.

(Dorfo) Au roy noftre fouverain feigneur.
In another hand,

S. Brioc, Eftouteville, Arnoulphin, & Picart.

1 Indiaintf in MS.

Chancellor Forte/cue.

Sir John was the bearer of a fpecial letter of introduction for himfelf from King
Henry VI. to his coufin of France, which teftifies to the efteem in which he held the perfon
and fervices of his " Friend and loyall Chancellor :" —

Letter from Henry the Sixth to Louis the Eleventh. Dated Edinburgh,

28 March.

Tres hault et puiflant prince, tres chier et tres ame coufin germain de France, nous avons
efte bien amplement informez pur plufeurs foiz que tousjours vous eftez monftre notre bon
coufin et amy, et vous eftez tousjours bien encline en toutes les affaires de nous et la
recouvrance de notre dit royaume, a voz grans coftz et defpens, tant de gens, dargent, comme
autrement, dont tres fort nous en reputons tenuz a vous.

Nous envoyons prefentement par devers vous plufeurs de noz gens et ambaxadeurs,
comme plus a plain pourrez veoir par noz aultres lettres que vous refcriprons, entre lefquelx
noz gens et ambaxedeurs y eft noftre amie et loial chancellier Jehan Fortefcu, chivalier, au
quel fommes fort atenuz . . . . a fes defpens. Nous a tousjours tenu notre eftat et fait
plufeurs aultres fervices, dont luy fommes fort atenuz. Pur lefquelles chofes tres hault et
puifTant prince, tres chier et tres ame coufin, nous vous prions tant et fi affectueufement que
plus pouvons, que celled noftre Chancellier en faveur et priera vous vueillez favourablement
traictier, et luy fecourir et aider, comme a notre propre perfonne, en toutes les neceflitez et
affaires quil peut avoir, tant pour nous et nos affaires comme pour luy mefmes ; a fin quii
puifle congnoiftre que noz prieres luy aient proufitte en aucune maniere. Et quand Dieu
plaira que nous aions la joifance et recouvrance de notre diet royaume, nous ferons avecques
vous en telle maniere que toute voftre noble royalle majeftie naura james caufe de fen
doubter en vous priant que vuellez toujours de mieux en mieux continuer ainfi comme bien
y avons voftre fingulier et parfaite confaiance aidant le Benoift Filz de Dieu, tres hault et
puifTant prince tres chier et tres ame coufin, quil vous vueille avoir et tenir en fa fainct et
benoifte garde.

Donne a Edynburghe le xxviij jour de Mars

Henry.

(Addrefled,) A tres hault et puiflant prince noftre tres chier et tres ame coufin

Germain ame de France.

Louis was not moved by the reprefentations of the ambafladors or by Margaret's appeals,
to take any fteps for Henry's reftoration. He had made a truce with Edward, and although

1 Mackintoih.

Lingard.

ffipr& <&>x\pzte pux ffofifeftt &<C*n£U,$U
gift (tx&\<\ fftt^M X^c/S<r w^W* /%f aUo?

Facsimile taken from an earlj Ms. Cop/ of the Treatise "De Laudibus Legiom Anglise"
Deposited at the Public library, Cambridge.

Chancellor Fortefcue. yg

his leanings were always towards the Lancaftrian party, he muft have looked upon that caufe
as already loft, when the news reached him about this time, of Henry being taken prifoner,
and fent to the Tower. There was therefore nothing left for Fortefcue but to return to
Barrois, and there, with his fellow-exiles, to watch the courfe of events in England.

For fome time, probably for feveral years, nothing happened to raife the hopes of the
Lancaftrian exiles. Queen Margaret was untiring in her applications to foreign monarchs,
and in her endeavours to ftir up her friends in England, and the Chancellor was largely en-
gaged in confultations and correfpondence, with the fame object. Some of his expreflions
would feem to imply that he attended the Queen and Prince in their journeys to the Court
of Louis. He alfo undertook the education of Edward, at leaft fo far as to inftruct him in
the laws of his country, and the duties of a King of England.

" Fortefcue," fays Amos, "conceived that he was purfuing a judicious courfe for fecuring
the future happinefs of the Englifh nation in forming the character of the heir apparent to
the throne, and acquainting him with the duties of a patriot king: a taflc which, in late times,
even Hampden did not look upon as derogatory to his talents, or incompatible with his
independence." 1

Two Treatifes remain, drawn up, as he tells us, with that intent ; the firft in order of
time was entitled, " De Natura Legis Naturae," divided into two parts, the fccond, and more
famous, the " De Laudibus Legum Angliae." This laft was thrown into its prefent form, if
not compofed, during the latter part of his ftay in Barrois ; for he fpeaks in it of the time
when the Prince left England as long ago, when he was too young to recollect much about
his own country. As to the <c De Natura," we know that at leaft the fecond part of it was
written in Scotland, being " the Latin Book" to which Fortefcue refers, in his " Declaracioun
on Writings from Scotland."

While Fortefcue was thus at once engaged in inftructing the Prince how to reign over
Englifhmen, and in leading the fchemes and negotiations which, as he hoped, were finally to
enable his pupil to put into practice the maxims imprefled upon him, events of the moft im-
portant kind were approaching in England. The Lancaftrians, although humbled and filenced,
were ftill very numerous. On more than one occafion emiflaries from Queen Margaret had
been found trying to excite the people to infurrection.

Edward the fourth, by his marriage with Elizabeth Woodville, and ftill more by the
honours and favours which he heaped upon her relations, had difgufted the leading nobility,
and in particular the great family of the Nevilles, with the great Earl of Warwick at their
head. This powerful and arrogant lord7 became fo difcontented that he ftirred up a rebellion
in Lincolnftiire, and when it was put down by the King, took his departure to France, with

Amos, Introduction to De Laudibus.
Holinmed, a. d. 1468, iii. 290.

Chancellor Fortefcue.

the Duke of Clarence, whom he had found means to perfuade to join the malcontents againft
his brother the King, and who had married one of Warwick's daughters. His object was to
injure Edward with that monarch, who, indeed, was always inclined to the Houfe of Lan-
cafter, and was now difpleafed with Edward for giving his daughter in marriage to the Duke
of Burgundy, and concluding with him a treaty of commerce.

Here were hopes for the Lancaftrian exiles ! the moft powerful fubjects in England
changing fides in their favour, and the King of France offended by their rivals, ready to take
any opportunity to thwart them that might offer itfelf. Sir John was quite alive to the ad-
vantages to be gained from thefe changes; accordingly, we find his pen in full activity, laying
before Louis everything that could be urged to fhow what he rifked by fupporting Edward,
and what he could not fail to gain by a vigorous interference for Henry.

He prefented to Louis a memoir upon Edward's claim to the crown of England, and the
pretenfions which he put forward to that of France alfo — refuting them both, as we are told,
and "mowing that he has no right whatever to either." His object, no doubt, was to frighten
Louis. This document he put into the fhape of a book. He writes again to mow that peace
with England muft always be uncertain fo long as Edward reigned, while on the other hand,
if Henry was in power, the two nations would be ever in amity — giving, as we are told, his
reafons at length.

After fome time longer he alarms the French King by telling him of Edward's late
declaration in Parliament, announcing his refolution to invade France in perfon with a large
army ; to prevent which calamity, Louis is told how he may keep Edward employed at
home, by becoming himfelf the aggreffor, for, with even a fmall army, he would fo encourage
the Lancaftrians, that they would fpeedily drive Edward away, and reftore his mafter, and
then only could a lafting peace be made between the two kingdoms ; for means might be
found to induce Edward to fubmit quietly to what he could not help. We are not told what
thefe were, but his plan may have been that which was afterwards actually made the fubject
of an Act of Parliament during Henry's renewed reign, namely, to allow the Crown, on
fail ure of Henry's heirs male, to go to the Houfe of York, fetting afide for this purpofe the
daughters of the Houfe of Lancafter ; for Fortefcue had written and argued in "De Natura"
againft the fucceflion of women to " fupreme government." He alks to be allowed to lay
before Louis himfelf, or before fome one in his confidence, other more fecret matters which
it would not be prudent to commit to writing. None of thefe productions have been pre-
ferred, but the following notice of them is given from the Imperial Library in Paris : —

a. d. 1470.

Le Chancellier Dangleterre a baillie ung grant memoire declaratif des droiz que le roy
Edouart pretend a la couronne Dangleterre, et apres a la couronne de France ; et par le quel

Chancellor Fortefcue.

en oultre il monftre que le dit roy Edouart ne peult aucune chofe reclamer es dites couronnes
de France et Dangleterre, et quil ny a aucun droit par les moyens quil recite et declaire on
dite memoire le quel eft en forme de livre. Ceft devers Monfieur le Chancellier.

Apres ung autre memoire aflez longue, ou il repilogue en brief leffecT: et fubftance du
dit grant memoire, en y adjouftant les moyens par les quelz il luy femble que pax perpe-
tuelle fe peut bien faire entre le roy et le royaume de France dune part, et le roy Henry et le
royaume Dangleterre dautre ; et en quoy le dit roy Edouart fe couftendra, vueille ou non, et
quil neft pomble au dit roy Edouart de faire paix perpetuelle entre les dits deux royaulmes,
et que fe de fa part il avoit fait fi ne pourroit elle tenir ; le quel memoire contient douze
grans articles.

Subfequemment bailie ung autre memoire, aflez brief, on quel il declaire que on parle-
ment dernierement tenu en Engleterre le roy Edouart a promis a la communite du royaulme
quil fera grofte armee pour venir en France, et quil y viendra en perfonne, fur quoy le dit
Chancellier efpere demonftrier moyens par les quelz le roy Dangleterre fera tellement
trouble que le dit roy Edouart nofera partir du royaulme, et quil naura argent foufifant
pour la defpence quil fauldra faire pour la dite armee.

II entend aufli monftrer les moyens par les quelz le roy legierement desjettera le roy
Edouart du royaulme Dangleterre, et remettra fus le roy Henry, fans grant armee et fans
grans fraiz.

II dit oultre quil aurera moyens par les quelz paix perpetuelle fe pourra bien faire entre
les deux royaulmes de France et Dangleterre.

Dit avecques ce quil y a autres chofes plus fecretes jacoit-ce 1 quelles ne foient pas de plus
grans poix qui neft ja bcfoing mettre en efcript, et quelles vallont mieulx dicles de bouche a
caufe des ennemiz et contredicleurs de la dite matiere, des quelles il revelera au roy ou a fes
commis quant le plaifir du dit feigneur fera.

Item, il y a ung autre grant memoire contenant fix articles, dont on premier article le dit
Chancellier expofe que, concurrens enfemble le confeil du roy et de la royne Dangleterre, il
femble audit Chancellier, par les moyens quil ouvrira, le mariage fe fera entre le prince de
Galles et la fille du conte Waruch. Par le moyen du quel mariage le dit conte de VVaruch
et fes amys demoureront en feurte, et aura le dit conte le principal gouvernement on roy-
aulme ; et que par la favour de luy et des amys et loyaulx fubgietz du roy Henry, la royne
et le prince pourront avoir plus legiere entree dedans le royaulme.

Secondement, le dit Chancellier efpere trouver moyens par les quelz il declairera par
quoy le roy Edouart fe contentra et affeurera, et dont paix perpetuelle fe pourra plus feure-
ment faire entre les dits royaulmes.

Tiercement, il efpere trouver moyens par les quelz leftaple des laines Dangleterre fe fera

1 Sic in MS.
M

Chancellor Fortefcue.

en France, foit ou a Rouen, a Caillaiz, ou ailleurs, a grant prouffit des Francoys et des
Angloys, et fans quil prejudice au roy ne au royaulme de France.

Quartement, le dit Chancellier fait ouverture que les Angloys auroient libertiz a Bour-
deaulx, a Bajonne, au prouffit des deux royaulmes de France et Dangleterre, comme les
marchans de la Hance ont a Londre, les quelz ont ung aldrement qui eft du confeil de la
ville avecques les autres aldremens, et a la garde de lune des ports de la ville, la ou il peut
entier et faillir de la dite ville quant il leur plaira.

Quinclement, il dit quil croit que fe le roy fait aucunes defpences en ces matieres que
legierement elles pourront eftre recouvrees au moyen dung proces que Richart Henon,
Angloys pourfuit en la court de Parlement, mais que le roy lui veuille donner faveur.

Dit apres le dit Chancellier que les dits chofes deffus dits pourront fortir bon effect, mais
quelles ne foient point revellees, affin quelles ne veingnent en fufpecion des ennemiz du roy,
fon maiftre, et que icellui Chancellier ou autre follicite devers le roy ou fon confeil les chofes
deffus dit. Car il doubte fi les chofes eftoient revellees, que les ennemiz du dit roy Henry
ne fe trouvafTent plus fors que lui devers le roy, au grant dommaige du roy et de la royne
Dangleterre, fa maiftrefTe.

Par Jehan Fortesceue, Chevallier, Chancellier Dangleterre.

The above document is written by a contemporary hand upon a fingle meet of paper
without watermark. It appears to be of the year 1470.

It would feem that by this time Louis was thoroughly alive to the neceffity of ftirring
up difcord among the Englifh, to prevent them from interfering with his fchemes. He
probably never meant to do more than this, and therefore defires Clarence and Warwick,1
with their ladies, to be hofpitably entertained at their landing place, and invites them to his
Court at Angers and Amboife. Queen Margaret, upon hearing of their arrival, repaired likewife
to Amboife with the Prince, and we find that Fortefcue accompanied them, and took a forward
part in the negotiations with Louis. He laid a memorandum before the French Government,
as the foregoing State paper fhows, inviting the King to join Margaret's advifers in bringing
about a marriage between the Prince of Wales and the Lady Anne Neville, Warwick's
daughter, reprefenting "that by means of fuch marriage the faid Earl of Warwick and
his friends would be fecured, and the faid Earl would have the chief management of the
kingdom of England, and that with his fupport, and that of the loyal fubje&s of King
Henry, the Queen and Prince would have more ready entrance into their kingdom, and
thus would a peace, firm and lafting, be fecured between the countries." Margaret had now
met Warwick, the chief author of all her misfortunes, and the greateft enemy of her caufe.

1 Lingard.

Chancellor Fortefcue.

Their common intereft, however, foon reconciled them to ad together, and Louis encouraged
the union. The match fo much defired by Fortefcue was agreed to, and " firft to
begin withall," fays Holinmed,1 "for the fure foundation of their new intreatie, Edward,
Prince of Wales, wedded Anne, fecond daughter to the Earle of Warwick, which ladie came
with her mother into France." Thus " the brother of King Edward became brother-in-law
of the Lancaftrian Prince, and the Earl of Warwick was equally allied to both houfes."*

The other terms of this reconciliation were thefe :2 that the Duke of Clarence and the
Earl of Warwick mould endeavour to reftore Henry to the throne ; and that the Queen
mould promife, with an oath, to leave the government of the kingdom in their hands during
the King's life, or the minority of the Prince his fon, a conceflion, as we have feen, recom-
mended by Fortefcue.

Louis promifed to furnifh fome money and troops, and to convey Warwick to England
with his fleet.

Sir John at this time muft have become fanguine of fuccefs, for he lays propofals before
the King of France, on matters of detail relating to trade between France and England,
propofing that a market for Englim wool fhould be eftablifhed at Rouen or Calais, and that
Englim merchants at Bordeaux and Bayonne mould have the fame privileges that the City
of London had granted to Flemim traders — namely, the right to appoint an alderman, and
the keeping of one of the city gates. This alfo is referred to in the State Paper.

The march of events now became rapid. Warwick landed in England unoppofed by-
Edward, who had gone to the North to quell a rifing there — proclaimed Henry VI., and
had reached Nottingham unoppofed, and with an increafing force, when Edward, alarmed by
the defection of a part of his army, fled from the kingdom, and crofled to Holland. War-
wick and Clarence entered London in triumph on the 6th of October ( 1470), releafed Henry
from the Tower, and replaced him on his throne.

There was great joy among the exiles when they heard of this fudden revolution. Louis
ordered public thankfgivings and rejoicings, and Margaret was received in Paris as Queen
of England. It feems ftrange that (he and the Prince mould not have at once joined the
reftored King. She did not, however, embark at I larfleur until the 24th of March, when
Edward, with a fmall force raifed in Holland,3 had already re-entered the kingdom at
Ravenfpur. The popular tide had turned, and the treacherous Clarence had gone over to
his brother with 1 2,000 men.

On Eafter Sunday, the 14th of April, the armies of the two parties met at Barnet, and
the Lancaftrians, after a bloody fight, were entirely defeated, Warwick himfelf was {lain,
his brother alfo, and almoft all the leaders, and the re-inftated Henry was taken prifoner and
once more lodged in the Tower.

' IIol. iii. 295.

' Kapin, i. 608.

1 Lingard, v. 210.

Chancellor Fortefcue.

It was on that fame Eafter Sunday that Margaret and the Prince, after nearly three weeks
fpent on the voyage, landed at Weymouth, and Sir John Fortefcue with them. Their difmay
on hearing the overwhelming news was great ; but they were cheered by the arrival of the
Duke of Somerfet, and Jafpar Tudor Earl of Pembroke, who held out hopes that Edward
might ftill be efte&ually oppofed, and it was decided to proceed at once to Exeter,1 through
the weftern counties, where their friends were ftill confiderable in numbers.

A more bitter difappointment to Sir John than that which he was fated to fuffer on
landing in England can hardly be imagined. When he left the French mores, the caufe
for which he had fo long fufFered and laboured appeared to be fecured. Henry had been
for fome months reftored to his throne, his rival was a fugitive from England, and his rival's
brother, and Warwick " the king-maker," were in arms for the Red Rofe. But when he
reached Weymouth all this was changed. Henry was again a prifoner, Clarence with his
army had deferted to the enemy, a great battle had been fought and loft, and Warwick was
killed.

His heart may well have funk within him, and it is not furprifing that his firft impulfe
was to advife a return at once to France.2 It was, however, as we have feen, otherwife
determined. The final overthrow was ftill to come, and the venerable Chancellor was once
more to mingle in a bloody fight. The ftory may be told in the graphic though quaint words
of an old chronicle, preferved by Leland. After marching unoppofed through Somerfet and
Gloucefterftiire, " Prince Edward and his hoft came to Tewkefbury, and pitched his field by
Severn."

"In the year of our Lord 1471, and the eleventh year of King Edward, Edward
King fought with Prince Edward, Henry the Sixth's fon, at Tewkefibury, the 4th of
May, and King Edward won the field. Edmund Duke of Somerfet and Sir Hugh
Courtenay fled from Prince Edward, and fore weakened his field, yea and utterly loft
it. There was flain Prince Edward, crying on the Duke of Clarence his brother-in-law
for help. There were flain alfo Courtenay Earl of Devonfliire, the Lord John of Somerfet,
the Lord Wenlock, Sir Edmund Hampden, Sir Robert Whitingham, Sir William Vaux, Sir
Nicholas Hervey, Sir John Delvis, Sir William Fielding, Sir Thomas Fitzhenry, Sir John
Lewknor.

" Thefe were firft pardoned by King Edward, againft whom entering a church with his
fword drawn in Tewkefbury, a prieft brought the Sacrament againft him, and would not let
him enter until that he had granted his pardon to them that follow :— the Duke of Somerfet,
the Lord of St. John's, Sir Humphrey Audley " (and twelve more) ; " all thefe when they
might have efcaped tarried in the church, trufting the King's pardon, from Saturday to
Monday in the morning, when they were taken out and beheaded.

1 Leland, Coll. ii. 505.

Rapin.

Chancellor Fortefcue.

"After the field of Tewkefbury, Queen Margaret, Prince Edward's wife the fecond
daughter of the Earl of Warwick, the Countefs of Devonfhire, dame Catarine Vaus, were
taken ; and thefe men of Name were taken and not flain, Sir John Fortefcue, Sir John Saint
Lowe, Sir Henry Roos, Thomas Ormond, Doctor Mackerel, Edward Fulforde, John Parker,
John Barter, John Walleys, John Throgmorton."1

We do not know why Fortefcue was fpared, — perhaps the conqueror Edward refpected
his age, or his appetite for blood may have been fatisfied by the number of previous victims
more actively engaged in the actual conflict, in which fo many of Fortefcue's fellow-exiles fell.
His unhappy mafter, King Henry, was murdered at night in the Tower on the 21 ft of May,
the day before Edward's return to London from Tewkefbury in triumph, with Margaret a
prifoner in his train, who remained a captive for five years, when fhe was ranfomed by King
Louis of France, and died in that country in 1482.

Sir John's imprifonment was not of long continuance. According to a tradition ftill
current on the fpot, he was foon releafed, and ordered to remain at Ebrington. He was no
longer formidable to Edward after the deaths of Henry and the prince his fon, nor after
thefe events was there any one but the reigning fovereign to claim the allegiance of Englifhmen,
who had univerfally fubmitted to the new dynafty. It is not therefore furprifing either that
Edward mould be willing to pardon him, or that Fortefcue mould feel that he might without
any impropriety or inconfiftency become his M true liegeman." It was not long before he was
received into favour, his pardon being granted under the Broad Seal of Edward IV.,
dated at Weftminfter the 13th of October, A.D. 1 47 1 . This document, which contains a
declaration that it is by authority of Parliament, was extant not many years ago, Mr. Incledon,
the compiler of " Stemmata Fortefcuana," a MS. vol. belonging to Lord Fortefcue written
in 1795, there dating that he had feen it.

Edward had fet Fortefcue free, pardoned, and reftored him to the Council, without any
unufual conditions. But before he gave him back his lands and manors, he required the old
lawyer to argue for his hereditary right to the crown, as he had before done againft it, and in
behalf of that of King Henry. Lord Campbell, in his "Lives of the Chief Juftices," thus
accounts for the impofition of thefe diftafteful terms: —

" One good deed Chief Juftice Billing did which mould be recorded of him, in advifing
Edward the Fourth to grant a pardon to an old Lancaltrian, Sir John Fortefcue. But tor
the purpofe of reducing this illuftrious judge to the reproach of inconfiftency, which he knew
made his own name a bye-word, he impofed a condition that Fortefcue fhould publifh a new
treatife to refute that which he had before compofed proving the right of the Houfe of
Lancafter to the throne."

This treatife, entitled M The Declaration upon certain writings fent out of Scotland

Iceland's Colle&anea, by Hearne, vol. ii. p. 505.

Chancellor Forte/cue.

againft the King's title to the Realm of England," forms the next chapter, where it is given
in full, and will be read with interest. It remained in manufcript until it was included in
my edition of Fortefcue's Works in 1869.

In his " Latine Booke," which he was now to anfwer, the tc De Natura Legis Naturae,"
he had defcanted upon the reafons why a woman mould not reign as a fupreme ruler,
drawing largely, as was the cuftom of his time, upon the Holy Scriptures to prove what
they had in fact never touched upon or confidered, and what the author of " De Laudibus "
muft have well known to be a queftion of expediency only, and not of abftract right or
wrong.

He had got together pafTages from the Bible, and the Fathers, to mow that the man
was ordained to be above the woman, and that therefore no woman ought to reign over
man ; but in the " Declaration " he ingenioufly difcovers his error, and fees that fuch
pafTages as that in Genefis, c< Thou malt be under the power of man, and he fhall be thy
lord," ought to be differently explained — " which words," he fays, " fpoken to that woman,
was, as I thoo wrote, fpoken to all kind of woman, as the words then fpoken by God to the
firft man was faid to all mankind. This matter ye now defire that I will fo declare as the
King our Sovereign Lord be not harmed in them in his titles of England or of France — fo,
as to the firft point, I hope to find not difficult, for our Lord faid not in his forefaid judg-
ment that a woman fhould be under the power and lordfhip of all men, or of many men ;
but he faid indifferently or indeterminably that fhe mould be under the power and lordfhip
of man, which is true if fhe be under the power and lordfhip of any man ; and that every
woman is under the power and lordfhip of fome one man (which is all that fhe is cited unto
by the forefaid judgment in Genefis) may not be denied, for every woman is under the
power and lordfhip of the Pope, which is a man, and the Vicar of Chrift, God and man.
Wherefore the forefaid text of Genefis, or anything by me deduced thereof, may not prove
that a woman may not reign in a kingdom of which the king hath no fovereignty or tem-
porality, fithen fhe abideth always fubject to the Pope ; and by the fame reafon it may not
hurte the King in his titles to his forefaid two realms."

He thus fhortly and eafily difpofes of, without actually contradicting, his own former
long and laboured treatife on the other fide, and accepts the claim of Edward as defcended,
though in the female line, from Lionel, Duke of Clarence, Edward III.'s fecond fon,
as better than that of the Plantagenet Kings, who defcended in the male line from John of
Ghent his third fon.

There remained to be got rid of a queftion of fact. Fortefcue, in his " Defence of the
Houfe of Lancafter," had afferted that Philippa, daughter to Lionel, Duke of Clarence,1
through whom the claim of the Houfe of York arofe, had never been acknowledged by her

1 Lingard, v. 2 17.

Chancellor Fortefcue.

father. He now explains that he made that ftatement in ignorance of certain records which,
on his return to England, had been for the firft time mowed him ; " by which records it
clearly appeareth that the forefaid Phillipe was daughter, and heir to the forefaid Duke of
Clarence, and to Elizabeth his Wife, becaufe that (he and the Earl of March, her hufband,
had livery in the Chancery of all the lands of the Duke." .

It may well be doubted whether Fortefcue really had any ftrong opinion on the queftion
of the right of females to reign. He had argued well and ingenioufly, according to the
notions of his time, againft that right, as a lawyer for his client, becaufe he did all that he
could to fupport Henry on the throne, he being, as he fays, " no Judge, but a partial man
to him, for whofe favour he made the arguments," that is, one fincerely defiring to fupport
Henry's rule ; and afterwards, when he was writing as a ftill more " partial man " on the
oppofite fide, that is to fay, fulfilling the condition of his reftoration to his eftates, he efcapes
from his former arguments by a device which he mud have laughed at in fecret as childifh
and almoft comical.

No one who has read hisoutfpoken language in " De Laudibus," where he repeats again
and again the maxim that Kings of England mull: not make the laws, but mud govern
according to them, and that laws to be binding on the people mud have the people's confent,
can doubt that he was ready to accept heartily, fo far as right went, either Henry or Edward,
or any fovereign, when once the confent of the nation had been deliberately and decidedly
exprelTed in his favour.

He fays, " The King is appointed to protect his fubjects in their lives, properties, and
laws, for this very end and purpofe he has the delegation of power from the people, and he-
has no juft claim to any power but this."

Again, "It is plain that if Kingly power did not originally proceed from the people, the
King could have no fuch power rightfully at all."

Nor did Fortefcue change his opinion or his language respecting the kind of kingly
government which was the beft for a people to live under. He writes as ftrongly upon it
under Edward IV. as he had done in the time of his predeceflbr. For example, he
fays in his lateft work, that " the Dominium Politicum et Regale began by the Defire and
Inftitution of the people of the Prince," and adds, " BlefTed be God, this Land is ruled
under a better law, and therefore the people thereof be not in penury, nor thereby hurt in
their perfons, but they be wealthy, and have all things necefiary to the fuftenance of Nature.
Lo, this is the fruit of Jus Politicum et Regale under which we live." 1

However fuperficial may have been his anfwer to his old arguments, it was a complete
retractation of them, and fatisfied the King's advifers, fo that he had now only to prefent his
petition for the reverfal of his attainder, which was as follows : ' —

' De Dominio, pp. 14-24. 1 Rolls of Parliament, vi. p. 69.

Chancellor Forte/cue.

To the Kyng oure Soverayn Lord : In the mooft humble wyfe fheweth unto youre noble
grace, your humble fubget and true Liegeman John Fortefcue Knyght, which is, and ever fhal be
duryng his lyf, youre true and feithful Subget and Liegeman, Soverayn Lord by the grace of God ;
howe be it the fame John is not of power, ne havoir to do youre Hignes fo good fervice as his hert
and wille wold do, forfomoche as in youre Parlement holden at Weftminfter the fourth day of
November the firft yere of youre mooft noble reigne, it ordeyned, demed, and declared, by auc~torite
of the fame Parlement, that the faid John by the name of John Fortefcue Knyght, amonge other
perfons fhuld ftond and be convidted, and attaynted of high treafon, and forfeit to you Soverayn Lord
and youre heires, all the Caftelles, Maners, Lordfhippes, Londes, Tenementes, Rentes, Services, Fees,
Advoufons, Hereditaments, and Poffeffions, with their appurtenances, which he had of aftate of
enheritaunce, or any other to his ufe had, the thirtieth day of December next afore the firft yere of
youre mooft noble reign, or into which he, or eny other perfone or perfones, feoffeez to the ufe or
behofe of the fame John had the fame thirtieth daie lawfull caufe of entre within Englond, Irelond,
Wales, or Caleis, or the Marches therof ; as more at large is conteyned within the fame Adle or
A£res.

Pleafe it youre Highnes, forafmuch as youre faid Suppliaunt is as repentaunt, and forrowfull as
eny creature may be of all that which he hath doon or committed to the difpleafure of youre Highnes
contrarie to his duetie, and liegeaunce, and is, and perfeverantly fhal be to you Soverayn Lord, true,
feithfull, and humble fubget and Liegeman, in wille, word, and dede ; of youre mooft habundaunt
grace by th' advis, and affent of the Lordes Spirituell and Temporell, and the Comens, in this youre
prefent Parlement aflembled, and by auclorite of the fame to ena&e, ordeyne, and ftablifh, that the
feide A6te, and all A£tes of atteyndre, or forfeiture made ayenft the fame John and his feoffees to the
ufe of the fame John, in youre faid Parlement holden at Weftminfter the faid fourth day of Novembre,
as ayenft theym, and every of theym, and eny of theym, by what name or names the fame John be
named, or called in the fame A£te or A£tes of, in, or by reafon of the premiffes, be utterly voide, and
of noone effecte ne force ; and that the fame John nor his heires in no wife be prejudiced nor hurt by
the fame Acte or Adtes made ayenft the fame John, and that by the fame au£torite youre feid Sup-
pliaunt and his heires have, poffede, joy, and enherit all maner of Poffeffions, and hereditaments in like
maner and fourme, and as ample and large wife, as the fame John fhuld have doon yf the fame A6te
or A£tes never had been made ayenft the fame John, and that the feid John and his heires, have, hold,
joy, and enherit all Caftelles, Maners, Lordfhips, Londes, Tenementez, Rents, Services, Fees, Ad-
voufons, and all other Hereditamentez and Poffeffions, with their appurtenauncez which come, or
ought to have comyn to youre hands by reafon of the fame A&e or A£tes made ayenft the fame John,
and feoffez to his ufe, and into theym, and every of theym, to entre, and theym to have, joy and poffede
in like maner, fourme, and condition, as the fame John fhuld have had or doon, yf the fame A&e
or Adtes never had been made ayenft the feid John and his faid feoffez to his ufe, without fuying
them, or eny of theym out of youre handes by petition lyvere, or otherwife by the courfe of your
lawes.

And that all Lettres patentes made by your Highnes to the feid John, or to eny perfone or perfones
of eny of the premiffes be voide, and of noon effecte ; Saving to every perfone fuch title right and
lawful entre as they or any of theym, had at the tyme of the faid A£le or A&es made ayenft the
fame John or any tyme fith, other than by meane and virtue of youre Lettres patentes made fith the

Chancellor Fortefcue.

fourth day of March the firft yeare of youre reigne, or eny tyme fith. And that noo perfone or
perfones be empeched nor hurt of, or for takyng any ifTues or profittes, nor for eny offenfes doon in,
or of eny of the premifTez, afore the third day of the moneth of Aprill the thirteenth yere of youre
reigne, and fith the faid fourth day of March by the feid John or eny feoffez to his ufe by way of
adtion, or otherwife.

Provided alway that noo perfone nor perfones atteynted, nor their heires, take, have, or enjoy, any
avauntage by this prefent Acle, but oonly the faid John and his heires in the premifTes, and alfo the
feoffez to the ufe of the feid John oonly, for of and in the premiffes which the fame feoffez had to
the ufe of the feid John the feid thirtieth day or any tyme fith : And youre faid Suppliant fhull pray to
God for the prefervation of youre mooft Roiall Aftate.

Confideryng Soverayn Lord, that youre feid Suppliant lovith fo, and tenderith the good of youre
mooft noble Aftate, that he late by large and clere writyng delyvered unto youre Highnes, hath fo
declared all the maters which were writen in Scotland and ellefwhere, ayen youre right or title, which
writynges have in eny wife comen unto his knowelege, or that he at eny tyme hath be pryve unto
theym ; and alfo hath fo clerely difproved all the arguments that have be made ayen the fame right and
title, that nowe there remayneth no colour, or materc of argument to the hurt or infamye of the fame
right or title, by reafon of any fuch writyng, but the fame right and title ftonden nowe the more clere
and open by that any fuch writyngs have be made ayen hem.

On the 6th of October, in the year 1473, this petition was laid before Parliament by the
King's command.

The following record occurs in the Rolls of Parliament: 1 —

Pro JOHANNE FoRTESCU.

Memorand : quod diclo fcxto die Oclobris Anno Tertiodccimo prsedi&o, quaedam Petitio exhibita
fuit prefato Domino Regi in prefenti Parliamento per Johannem Fortefcue Militem, in ha;c verba.

(Here follows the Petition, as before.)

Qua quidem Petitione in Parliamento prediclo lecla, audita, et plenius intellecla, de advifamento,
et affenfu, Dominorum Spiritualium et Temporalium, et Communitatis Regni Anglise, in diclo
Parliamento exiftcntium, . . et au&oritate ejufdem, refpondebatur idem in forma fequenti.

Soit fait comme il eft defire.

And the final ftage in the reverfal of the attainder was completed upon the figning of
the Exemplification or Infpeximus on the 14th of February, 1475. T^e document runs
thus: —

Edwardus dei gratia Rex Anglix, Francis, et Dominus Hibernis?, Omnibus ad quos prefentes
litterx pcrvenerint, falutcm. Infpeximus quandam petitionem in Parliamento noitro apud Weft-
monafterium fexto die Odtobris, anno regni noltri duodecimo fummonito et tento, et per diverfas

1 From Rolls of Parliament, vol. vi. p. 69.
N

9°

Chancellor Forte/cue.

prorogaciones ufque ad et in fextum diem O&obris, anno regni noftri tertiodecimo, per Johannem
Fortefcu militem exhibitam in haec verba : To the kyng oure fovreyne lord, In the mooft humble wife
fheweth unto your moft noble grace, &c. &c. &c.

(The whole Petition as before is here recited.)

Infpeximus etiam quendam aflenfum eidem peticioni per communitates regni noftri Angliae in didto
parliamento exiftentes, fecundum eft in di£ta peticione fpecificatum in haec verba, A cejl bille les coenz
font ejfentuz. Infpeximus infuper quandam refponfionem idem peticioni per nos de advifamento et
aflenftu dominorum fpiritualium et temporalium in ditto parliamento fimiliter exiftentium, ac com-
munitatis praedictae, necnon au&oritate ejufdem Parliamenti faclam et in dorfo ejufdem petitionis
infertam in haec verba, foit fait come il eft defire. Nos autem tenores peticionis, aflenfus, et refponfionis
praediclae, ad requifitionem praefati Johannis duximus exemplificandos per prefentes. In cujus rei
teftimonium has litteras noftras fieri fecimus patentes. Telle me ipfo apud Weftm. quarto decimo die
Februarii, Anno regni noftri quarto decimo.

Gunthorp.

( Johannem Gunthorp

Exd. per •< T
r ) 1 homam lvo

At the fame time Petitions almoft in the fame words with the foregoing were prefented
from feveral of the Lancaftrians who had been Fortefcue's companions in exile, and in war ;
namely, Thomas Ormond, Sir Henry Roos, Dodtor Mackerell, and Doctor, afterwards
Cardinal, Morton. The career of the laft was, in many particulars, and up to a certain
point, like his own. Having rifen to the higher! place as an advocate in the Ecclefiaftical
Courts under Henry VI., he was fworn of the Council, and prefented with valuable
livings ; like Fortefcue, he adhered with unfhaken fidelity to the Lancastrian caufe fo long as
that caufe exifted ; they were together at the Battle of Towton, and in exile in France ; and
although Morton is not mentioned as being prefent at the defeat at Tewkefbury, he returned
to England about that time, and, being pardoned by Edward, was reftored, like Sir John,
to the Council. He was, however, fifteen or twenty years his junior, and fiill young
enough to be employed. We confequently find him Matter of the Rolls in 1473, and
Bifhop of Ely, and finally, under Henry VII., Archbilhop of Canterbury, Cardinal,
and Chancellor.2 So clofely allied in thefe times, as in thofe before them, were the pro-
feflions of the Law and of the Church ; fo averfe were men from appearing to put afunder
what, as it feemed to them, God had joined together, by drawing a distinction between the
laws of God and the laws of man, until the Reformation, recognizing the fact that an
enlightened Christianity permits wide differences of opinion as to the interpretation of the
details of the former code, made it impoffible in a free State to continue in practice what

Certificatores.

1 Campbell, Lives of the Chancellors, vol. i.

' Campbell, i. p. 417.

Tomb and Monument of Chancellor Fortescue in Ebrmgton Church Gloucestershire.

Chancellor Fortefcue. gi

in theory it is fo delightful to contemplate, viz. a Church and a State not united, but
effentially one.

This fame feeling appears in the ftrong theological tone, and the frequent and arbitrary
quotations from Holy Scripture and from the Fathers, as from legal authorities, which
are fo prevalent in Fortefcue's works, as well as in thofe of his contemporaries who wrote
upon law.

After Sir John's reftoration to his eftates he does not appear to have taken any part in
public affairs.

The lateft notice of him which I have feen is in the Records of the Exchequer, in the
15th year of this reign, namely in February, 1476, when he delivered into the Exchequer an
Aflize that had been taken before him when Chief Juftice.1

His treatife, "On the Difference between Abfolute and Limited Monarchy," was written
during this period.

He lived quietly for fome years at Ebrington a manor houfe part of which ftill remains
included in the prefent lefs ancient building, clofe to the church and pretty village of the
fame name, looking over a fmiling country of gentle hills and flopes, on the borders of
Gloucefterfhire and Worcefterfhire, within the former county.

" Here," fays Lord Campbell, "he quietly fpent the remainder of his days, and here he
died, leaving a great and venerable name to his pofterity and his country." According to
the local tradition, which the prefent occupant of the manor houfe repeated to me, he lived
to be ninety years old.

He was buried in the parifh church, near the communion table on the north fide, where
his tomb ftill remains. The following is copied from notes taken by the author on the fpot on
the 8th of Auguft, 1 863. The church is not in itfelf remarkable, nor, except where a good
Norman arch remains, near the tower, infide, can it be as old as the Chancellor's time. His
monument is againft the north wall infide the communion rails. It confifts, firft, of a large
mural tablet, put up in 1677 by Colonel Robert Fortefcue, the then owner of the family
property, furmounted by the Fortefcue arms, bearing the following infcription : —

Felicem et immortalem memoriam
Clariflimi Viri Domini

JOHANNIS FORTESCUTI

Militis Granda;vi Anglic Judicis Primarii
Et proceffu temporis fub I lenr. VI. Rege et
Edwardo Principe fummi Cancellarii

' Kal. Exchcq. iii. 8. Quoted in Fofs, Lives of the Judges, vol. iv., article "Fortefcue.*'

Chancellor Forte/cue.

Regis Confiliarii prudentiffimi,
Legum Angliae peritiffimi
Necnon earundem
Hyperafpiftae
Fortiffimi
Qui

Corporis Exuvias Laetam Refur-
redlionem expectantes
Flic depofuit.

Marmoreum hue monumentum
Pofitum eft a. d.

M.DCLXXVII.

Voto et Expends Robert! Fortefcuti
Armigeri ejufdem Familias Hae-
redis nuper defunct!

Angligenas intra Cancellos Juris et iEqui

Qui tenuit, Cineres jam tenet Urna Viri.
Lex viva ille fuit Patriae, Lux fplendida Legis,

Forte bonis fcutum, fontibus et fcutica.
Clarus erat titulis, clarus Majoribus, Arte

Clarus, virtute aft clarior emicuit.
Jam micat in tenebris, veluti Carbunculus Orbi,

Nam Virtus radios non dare tanta nequit.
Vivit adhuc Fortefcutus laudatus in iEvum ;

Vivit et in Legum laudibus ille fuis.

In Englifh thus :l —
To

The happy and immortal memory
Of that moft famous man
Sir John Fortescue,
An ancient Knight, Chief Juftice of England,
And in procefs of time, under Henry VI.

1 The Englifh is from the Biographia Britannica.

Chancellor Forte/cue.

And Prince Edward, High Chancellor.
Of the King, the mod prudent councellor,
In the laws of England profoundly learned,
And of thefe laws alfo
A Champion
Invincible ;
Whofe earthly remains, in expectation of
A joyful Refurrection,
Are here depofited ;

This marble monument
Is erected

M.DCLXXVII.

By the direction and at the expenfe of
Robert Fortefcue, Efq.
The direct heir of this family, lately deceafed.

Of him, who juftice could the beft explain,
This little urn does all that's left contain.
His country's living law, that law's great light,
The fcourge of wrong, and the defence of right ;
His birth diftinguifhed, merit gave him ftate,
Learning, applaufe, but virtue made him great.
Through darknefs now a carbuncle he mines,
Nor wifdom's rays the gloomy cave confines ;
To lateft times fhall Fortefcue be known,
And in the law's juft praife be read his own.

Below the tablet on a fmall flab are thefe words : —

M To perpetuate the memory of that learned and excellent man, Chancellor Fortefcue,
this monument was repaired by his defcendant, Matthew Lord Fortefcue, in the
year 1765."

And on a brafs plate, ftill lower on the wall : —

11 Rcftored by the Right Honble. Hugh 3rd Earl Fortefcue, a.d. 1861. "

Below this is the tomb itfelf, furmounted by a full-length figure of the Chancellor in red
robes and cap, very brilliant in their new paint, lying on his back, with the hands joined as
in prayer. On the three fides of the tomb the family arms are repeated feveral times on
fhields, alfo coloured newly. The tomb and figure are fuppofed to have been erected foon

Chancellor Fortefcue.

after the Chancellor's death. The print annexed, from Mr. Maunde's drawing, is a perfectly
correct reprefentation of the whole.

The antiquary Thomas Hearne in his unpublished diary corrects a miftake made by
fome authors as to the age of the tomb. He writes, November 29th, 1733 : —

" Sir Robert Atkyns, in his defcription of Gloucefterfhire, hath made a grofs miftake
(in which he hath been followed by Bifhop Gibfon, the author of the ' Magna Britannia,'
&c. &c.) in afTerting that my Lord Chancellor Fortefcue's monument, with his effigies, in
Ebburton Church, was fet up by his heir in 1677. For tho' it be true that in the year
1677 a monument with an infcription was fixed in the wall on the north fide the chancel,
yet that with his effigies (which is a raifed monument of free-ftone, finely painted in colours,
ftanding on the north fide the chancel, within the communion rails) was erected, as any eye
may witnefs by the form of the workmanfhip, immediately after his death."

The writer of Fortefcue's Life, in the " Biographia Britannica," in like manner fays that
the old tomb and figure were, judging by their appearance of antiquity, and by the ftyle of
their workmanfhip, probably executed foon after his interment.

Two engraved portraits of the Chancellor are given in this volume. One is a reproduction
of Faithorne's print, which Sir John Fortefcue of Salden, the fecond baronet, caufed to be
engraved for Waterhoufe's " Fortefcutus Illuftratus," publifhed in 1663. The author
writes : — " Sir John Fortefcue, who refides at Salden, very civilly and like a Gentleman of
Honour, fenfible of the fervice I aimed to do to the memory of the Chancellor his Noble
Kinfman, prefented me with the Picture which he caufed to be cut to be hereunto prefixed."1

This portrait, with probably all others of the Chancellor now in exiftence, except that at
Caftlehill, was copied from that original picture on panel, meafuring 16 inches by 1 1 inches,
of fmall life-fize.

The fecond engraving is from Sir Francis Fortefcue's Turville's picture at Hufband's
Bofworth, painted on canvas about the year 1600, and faid to have come from Salden
Houfe. It was very liberally and obligingly lent me by the owner to be engraved for this
work.

Sir John's only fon, Martin, died before his father, in 1472, on the 12th of November,2
leaving, as we find by a Poft Mortem Inquifition held at Torrington on the 1 2th of May, 1 2th of
Edward IV., his fon and heir John Fortefcue, aged twelve years, and a fecond fon William.
Through this elder fon the eftate of Ebrington has come down in direct male fucceflion to the
prefent Earl Fortefcue— who, I truft, will long enjoy it, and be allowed to hand it on to a
lengthened line of male pofterity. Lord Fortefcue's eftates of Wear GifFard, and Filleigh, or
Caftlehill, have been in like manner inherited through the Chancellor's grandfon in right

1 Fortefcutus Illuftratus, Introduction.

2 Inq. P. Mortem, 1 2 Edward IV. See Appendix.

Chancellor Fortefcue.

of his mother, the heirefs of Denzile. His younger grandfon, William, fucceeded to the
Bucldand-Filleigh property, and it continued in his male defcendants until the year 1776,
when, upon the death of John Fortefcue, who had inherited it from the Right Honourable
William Fortefcue, the eftate pafTed in the female line to Mr. Richard Inglett, and was fold
by his fon Colonel John Inglett Fortefcue,1 who died in the year 1840.

The prefent Earl Fortefcue informs me that neither he nor any member of his family
holds any other lands which at any time were the Chancellor's, excepting Ebrington.
Philip's Norton in Somerfetmire,2 which came to him by his wife Ifabella Jamys, remained
with his defcendants until fold by Hugh Fortefcue, Earl Clinton, about 1725, to a Mr.
Edward Trip.

The male defcendants of the Chancellor of the Buckland-Filleigh houfe, although
extinct in the elder line, have been continued through Sir Faithful Fortefcue of Buckland-
Filleigh, who went to Ireland in the reign of James L with his uncle, Arthur Lord
Chichefter, the Lord Deputy, and was the anceftor of the Earl of Clermont, and of the
writer of this family hiftory.

Of Sir John Fortefcue's character there appears to have been, from his own times to the
prefent, but one opinion. His judgments are ftill referred to with veneration, and the only
two of his works which have been hitherto published are quoted by nearly all who have
written on the early Englifh conftitution as authorities of the greateft weight, both as to facts
and doctrines.

A writer born about twenty years after Fortefcue's death — Bimop Bale, in his "Scrip-
torum Illuftrium Majoris Britannia; Summarium " — is among the earlieft who have left on
record an opinion of his merits : —

" Foskevve Cancellarius.

M Fofkevue alias Fortefkevue ut Recordus habct,! juris pcritilTimus, primarius judex, et
Anglia; Regni Cancellarius fummus, inter eruditos in noftro catalogo locum et doctis laboribus
honorificum petit. O^uem fi illi negaremus ingrati merito appellarcmur.

" Excoluit turn juvenis, turn etiam fenex, virtutem, literafque politas ut qui maxime
femper amavit.

"Inter forenfes Londini clariffimus juris civilis interpres admittebatur ; ac nobiliores in
fchola juvenes, peculiares a regibus conditas leges perdocuit. Inde a gradu ad gradum

1 Buckland-Filleigh Pedigree ; Infcription in Buckland-Filleigh Church.
3 Lord Fortefcue's Letter of November 6, 1865.

1 Recordus, i.e. Robert Record, a writer who died in the laft year of Queen Mary, 1558. See Biog. Brit.,
article " Fortefcue."

Chancellor Forte/cue.

afcendit donee effet fupremus Anglise Cancellarius, quod munus in reipublicas adminiftration
et auctoritate, et dignitate, in eo regno longe maximum eft.

"In quo officio tarn candide fe geffit ut jufticias ac prudentiae laus illi tribueretur fumma.
Quidquid dignitate valebat, aut gratia apud Principem, id juvandas reipublicas totum
impendiffe fertur.

" In hoc zelo pietatis fcripfit fub Henrico Sexto, Differentiate inter leges provinciales ac
civiles, vel,

' De Difcrimine Legum,' Lib i. ' Seviente dudum in regno Angliae.'

c De Laudibus Legum,' Lib i.

' De Politica Adminiftratione,' Lib i.

' De Vigore Legis Naturalis,' Lib i., aliaque nonulla.

" Tandem fuit exul ab Anglia. Et colligo ilium claruiffe circum tempus civilis belli
quo Edwardiani cum Henricianis Anno Domini 1460, de imperii fumma pertinaciffime
certabant. Exilii vero caufas non legi."

Sir Edward -Coke,1 the celebrated Chief Juftice of the reigns of Elizabeth and James,
mentions his " profound knowledge of the law, and his excellence as an Antiquary,"
ftyling him " that mod reverend and honorable Judge," and when commending Trial
by Jury, he fays :2 " For the excellency of this kind of trial, and why it is only appro-
priated to the common laws of England, read Juftice Fortefcue, chapters 25, 26, 28,
29, 30, 31, 32, &c. &c, of his book ' De Laudibus Legum Anglia;,' which being worthy
to be written in letters of gold for the weight and worthinefs thereof, I will not abridge
any part of the fame but refer the learned reader to the fountain itfelf ; " and in another
place3 he relates with approbation a cafe in the 34th of Hen. VI. where the Judges,
with Fortefcue at their head and fpeaking for them, gave an opinion againft the power of
the King to make Sheriff of Lincolnshire a perfon who had not been " chofen and pre-
fented unto his Highnes, after the effect of the Statute in fuch behalf made."

Here is the opinion of Coke upon Sir John's conduct in retracting his Defence of
Henry VI.4

" To the Reader —

" Fortescue De Laudibus Legum Anglis ; this book was written in the reign of King
Henry VI, in commendation of the Laws of England, containing withal much excellent

1 Sir E. Coke, 6th Part of Reports, 4to., London, 1777.
! Sir E. Coke, 8th Part of Reports, 1777, f. xiv.

Coke, 2nd Part of Inftitutes of the Laws of England, 410., London, 1642, f. 559.
4 Tenth Part of Reports of Sir E. Coke, 4to., London, 1777, folio xvi.

Chancellor Fortefcue.

matter worthy the reading. He wrote alfo a book in defence of the title of King Hen. VI.
his fovereign Lord and M after, to the crown of England ; but after, out of truth and
confcience, retracted the fame, both which I have. Wherein he derived fingular com-
mendation, is that he was not amongft the number of thofe ' qui fuos amaftent errores,'
but yielded to truth when he found it. This Sir John Fortefcue was Lord Chief Juftice
of England, and afterwards Lord Chancellor of England, and his pofterity remain in great
and good account to this day."

An anonymous admirer has written, in a hand bearing marks of being almoft as old as
the volume which contains them, the following lines: —

" Legis en noftrae tibi forte-fcutum
Sive rem fpectes, feriemve fcripti
Sive Scriptoris placeat notare

Nobile Nomen."

Thefe are on the flyleaf of a copy of an edition of " De Laudibus," publifhed in the year
1599, now m my poffefllon.

In the fame fenfe Sir Walter Raleigh ftyled him " that notable bulwark of our laws."1

To come down to our own time, I find the character of Sir John as a Judge, a
Statefman, and a Writer fo fully and fo favourably drawn by the late Lord Campbell, he
himfelf, like Fortefcue, an authority of high literary as well as legal reputation, that I mail
without apology infert here, in conclufion, an extract from the interefting memoir.2

" It is delightful, amidft intriguing Churchmen and warlike Barons who held the Great
Seal in this age, to prefent to the reader a lawyer not only of deep profelTional learning, but
cultivated by the ftudy of clafTical antiquity ; and not only of brilliant talents, but the
ardent and enlightened lover of liberty, to whofe explanations and praifes of our free confti-
tution, we are in no fmall degree indebted for the refiftance to oppreflive rule, which has
diftinguifhed the people of England.

r< As a Common-law Judge, Fortefcue is highly extolled by Lord Coke, and he feems
to have been one of the moft learned and upright men who ever fat in the Court of King's
Bench.

M He laid the foundation of parliamentary privilege to which our liberties are mainly to
be afcribed. He had the fagacity to fee, that if queftions concerning the privileges of
Parliament were to be determined by the Common-law Judges appointed and removable by
the Crown, thefe privileges muft foon be extinguifhed, and pure defpotifm mull be eftablifhcd.

1 Raleigh, Iliftory of the World, 1 6 1 4. London, l't. i. Book i. chap. iv. fee. 16, p. 247 (fee Biog. Brit,
p. 1999).

• Campbell, Lives of the Chancellors, vol. i. pp. 37 1, 376, et feq.

Chancellor Fortefcue.

He perceived that the Houfes of Parliament alone were competent to decide upon their own
privileges, and that this power muft be conceded to them, even in analogy to the practice
of the Court of Chancery, and other inferior tribunals. Accordingly, in Thorpe's cafe, he
exprefled an opinion which, from the end of the reign of King Henry the Sixth till the
commencement of the reign of Queen Victoria, was received with profound deference and
veneration.

" Thorpe, a Baron of the Exchequer, and Speaker of the Houfe of Commons, being a
Lancaftrian, had feized fome harnefs and military accoutrements which belonged to the
Duke of York, who brought an action of trefpafs againft him in the Court of Exchequer to
recover their value. The Plaintiff had a verdict, with large damages, for which the
Defendant, during a recefs of Parliament, was arrefted and imprifoned in the Fleet. When
Parliament re-affembled, the Commons were without a Speaker, and the queftion arofe
whether Thorpe, as a Member of the Lower Houfe and Speaker, was not now entitled to be
difcharged ?

" The Commons had a conference on the fubject with the Lords, who called in the Judges,
and afked their opinion.

" The faid Lords fpiritual and temporal, not intending to impeach or hurt the liberties
and privileges of them that were coming for the commerce of this land to this prefent
parliament, but legally after the courfe of law to adminifter juftice, and have knowledge what
the law will weigh in that behalf, opened and declared to the Juftices the premifes,and afked
of them whether the faid Thomas Thorpe ought to be delivered from prifon by, for, and in
virtue of the privilege of parliament or no ? ' To the whole queftion,' fays the report, ' the
Chief Juftice Fortefcue, in the name of all the Juftices, after fad communication and mature
deliberation had amongft them, anfwered and faid : that they ought not to anfwer that
queftion ; for it hath not been ufed aforetime that the Juftices fhould in any wife determine
the privilege of this high court of parliament; for it is fo high and fo mighty in its nature,
that it may make law ; and that that is law it may make no law ; and the determination
and knowledge of that privilege belongeth to the Lords of the parliament, and not to
the Juftices.' 1

" In confequence of this decifion, the two Houfes of Parliament were for many ages allowed
to be the exclufive judges of their own privileges ; liberty of fpeech and freedom of inquiry
were vindicated by them ; the prerogatives of the Crown were reftrained and defined ; and
England was faved from fharing the fate of the monarchies on the Continent of Europe, in
which popular afTemblies were crufhed by the unrefifted encroachments of the executive
government.

" What acquaintance Fortefcue had with equity we have no means of knowing ; but it is

1 Thorpe's cafe, 31 Hen. VI. a. d. 1452. 13 Rep. 63. 1 Hatfell, 29. Lord Campbell's Speeches, 22.?.

Chancellor Fortefcue. gg

clear that he was not a mere technical lawyer, and that he was familiar with the general
principles of jurifprudence.

" As a writer his ftyle is not inelegant, though not free from the barbarifm of the fchools ;
• and he difplays fentiments on liberty and good government which are very remarkable,
confidering the fierce and lawlefs period when he flourished.

" His principal treatife has been celebrated not only by lawyers, but by fuch writers as
Sir Walter Raleigh, and not only by Englifhmen, but by foreign nations.1

" Notwithftanding his tardy fubmiflion to the Houfe of York, he is to be praifed for his
confiftency as a politician. Unlike the Earl of Warwick and others, who were conftantly
changing fides according to intereft or caprice, he fteadily adhered to the Houfe of Lancafter
until it had no true reprefentative, and the national will had been ftrongly exprefted in
favour of the legitimate heir. We muft indeed regret the tyranny of Edward, who would
not generoufly pardon him on account of his fidelity to his former mafter ; but his com-
pliance with the arbitrary condition impofed upon him fhould be treated with lenity by
thofe who have never been expofed to fuch perils."

A Lift is here appended of all the works of Chancellor Forte/cue which exift, or which are

known to have exijled.

1. De Titulo Edwardi Comitis Marchi,«.

A Latin Treatife written in the reign of Henry VX Only one copy is known to
exift. It is in the collection of MSS. belonging to Lord Calthorpe. Firft printed
by Lord Clermont in 1877, not having been difcovered by Mr. Alfred Horwood
until after the ifTue of the edition of Fortefcue's works in 1869."

2. Opusculum De Natura Legis Nature.

A Latin Treatife, in two Parts ; fometimcs called M De Vigore Legis Naturalis." A
copy of Part I. is in the Bodleian, among the Laud MSS., and there was alfo a
copy in the Worfley Library. The only known copy of Part II. is in the
Lambeth Library, which contains a MS. of the whole Treatife complete. This
fecond part was not known in 1732 to Mr. Gregor, who fays, in his Preface to
" De Laudibus," that it was fuppofed to be loft, or probably deftroyed by its
author, a remark repeated in the "Biographia Britannica" in 1750. Mr. Cafley,

1 Chancellor Kent's Caufes.

2 The reference to the folio volume which contains this MS. is MSS. Yclverton, N. 69.

ICC

Chancellor Fortefcue.

in his lift of Fortefcue's works, in 1745, makes no mention of a fecond part.
Firft printed in 1869.

3. De Laudibus Legum Anglle.

A Latin Treatife, firft printed in the reign of Henry VIII.

4. De Dominio Regali et Politico.

Written in Englifh. Edited and printed by Lord Fortefcue of Credan, in 17 14 and
1719.

5. A Dialogue between Understanding and Faith.

The only known copy is on fix leaves folio, in the Cotton Collection in the Britifh
Mufeum. It was much injured by the fire in 173 1 . Firft printed in 1869.

6. Of the Title of the House of York.

A Treatife written in fupport of the claim of the Houfe of Lancafter, of which the
fragments in this volume, firft printed in 1869, are all that are known to exift.
The Cotton copy of the MS. was deftroyed in the great fire, and there is no other
copy known.

7. A Defence of the House of Lancaster.

The only known copy periftied in the fire at the Cotton Library ; it was written
upon one leaf. The only remaining pafTage is that in this volume, firft printed
in 1869.

8. Defensio Juris Domus Lancastri^.

Written in Latin. The only known copy perifhed in the fire at the Cotton Library.
The pafTages from this work which, with one exception, were firft printed in 1869
are all that have furvived.

9. A Genealogy of the House of Lancaster.

The Cotton copy loft, and no other known.

10. Genealogia Regum Scoti^e ab Adamo vsque ad Jacobum secundum.

The Cotton copy loft ; no copy known to exift.

11. The Declaracion by John Fortescu, Knyght, upon certayn Wrytings

sent oute of Scotlande ayenst the Kinge's Title of the Roialme of
England.

Several copies exift in MS. It was firft printed in 1869.

A work given in Cafley's lift of Fortefcue's works as " A Defence of the Houfe of
York, and King Edward IV." appears to be merely the above " Declaracion "

Chancellor Forte/cue.

101

under a different name; for although the lift was made fo late as in 174.5, no
trace of any fuch treatife can be found, and yet, if it was then in exiftence, it could
hardly be now forgotten.

12. A List of the Comodytes of Englond.

The only copy of this work known to the editor is among the Laud MSS. in the Bod-
leian, from which it was firft printed in 1869. Its authorfhip has been doubted by
writers.

13. Legal Advice to Purchasers.

In verfe, on a (ingle page, headed "Breve quoddam utile fecundum Fortefcu." Firft
printed in 1869 from a MS. in the Rawlinfon Collection in the Bodleian.

Rifdon, writing about a.d. 1600, fays that "Sir John Fortefcue wrote a Prayer Book,
which favoured much of the times we live in." See Rifdon's "Survey of Devon,"
p. 189. This is the only notice of its exiftence.

It appears from the above lift that with the exception of the " De Laudibus Legum Angliae,"
and of the " De Dominio Regali et Politico," none of Fortefcue's works were printed until
they were collected in the edition printed by Lord Clermont in 1869.

102

Chancellor Fortefcue.

APPENDIX A.

Patent Rolls, 21 Hen. FL, Pt. 2, No. 34 (12 February, 1443).
Pro Johanne Fortescue et aliis de Confirmacione.

MNIBUS ad quos etc. falutem. Infpeximus quandam cartam indentatam dile&orum
nobis in Chrifto Ricardi nuper Prions domus loci d£t. de Henton ordinis Cartufienfium
et ejufdem loci conventus fa&am in hec verba : Sciant prefentes et futuri quod nos
Ricardus Prior domus loci dei de Henton ordinis Cartufienfium et ejufdem loci conventus dedimus
conceffimus et hac prefenti carta noftra indentata confirmavimus Johanni Fortefcu et Ifabelle uxori
ejus ac Margerie que fuit uxor Johannis Jamys matri predicle Ifabelle totum illud meffuagium in
villa de Philippes Norton in quo predi&a Margeria modo inhabitat cum curtliagio et gardino eidem
mefuagio adjacentibus prout eadem curtilagio et gardinum muris lapideis includuntur, necnon totum
illud meffuagium cum gardino et crofto eidem meffuagio adjacentibus fcituatum ad finem auftralem ville
predicte que Johannes Boucher jam ad voluntatem noftram accupat ac eciam totum croftum noftrum
vocatum Bennettis-crofte et quatuoracris terre in campo auftrali etquatuor acras terreincampo boriali
predicte ville prout eidem o£to acre terre metis et bundis de novo fixis limitantur cum omnibus portis
afiamentis et communi pafture in campis et pafturis noftris ficut tenentes meffuagium prediclorum ante
hec tempora ad voluntatem noftram vel predecefforum noftrorum melius et liberius habuerunt et occu-
paverunt, ac cum omnibus aliis pertinentiis fuis, habendum et tenendum omnia predidla meffuagia
curtilagia gardina crofta et terram una cum portis viis afiamentis communi pafture et omnibus aliis
pertinentiis predicts prefatis Johanni Fortefcu et Ifabelle uxori fue ac prefate Margerie et heredibus
mafculis de corporibus predictorum Johannis Fortefcu et Ifabelle legitime exeuntibus imperpetuum.
Reddendo inde annuatim nobis et fuccefforibus noftris tres decern folidos et quatuor denarios ad fefta
pafche, Nativitatis fcl Johannis Baptifte, fcl Michaelis Archangeli et Nativitatis Domini per equales
porciones folvendos pro omni fervicio, exadtione et demanda, et fi contingat eofdem Johannem Fortefcu
et Ifabellam obire fine herede mafculo de corporibus fuis exeunte legitime omnia predidla mefuagia
curtilagia gardina crofta et terra cum portis viis afiamentis communi pafture et omnibus aliis pertin-
entiis prediclis poft mortem Margerie ad nos et fucceffores noftros integre revertantur. In cujus rei
teftimonium tarn nos figillum noftrum commune quam predidti Johannes Fortefcu, Ifabella et Margeria,
figilla fua partibus hujus carte indentate alternatim appofuimus. Hiis teftibus Johanne Longe clerico,
Reclore de Norton, predicta, Johanne Swyfte, Patricio Tarmonger, Johanne Troys, Johanne Fyfher
et alii. Data in domo noftra capitulari apud Henton die Martis proxime poft feftum fcl Hillarii anno
regni Regis Henrici fexti poft conqueftum decimo nono. Nos autem tarn cartam predictam ac omnia
et fingula in eadem carta contenta quam ftatum et poffeffionem ipforum Johannis Fortefcu, Ifabelle
et Margerie in meffuagiis curtilagiis gardinis croftis viis afiamentis et communis predicts quos virtute
ejufdem carte et liberacionis feifine eis per eandem cartam per predictum nuper Priorem facte adepti
funt, ut dicitur, rata habentes et grata ea pro nobis et heredibus noftris quantum in nobis eft acceptamus,
approbamus ac prefatis Johanni Fortefcue et Ifabelle et didtis heredibus mafculis de corporibus fuis

Chancellor Fortefcue.

103

exeuntibus necnon prefate Margerie ad terminum vite Cue tenore prefencium concedimus et confirma-
vimus prout carta predicta rationabiliter teftatur. Et ulterius de uberiori gratia noftra conceffimus
pro nobis et heredibus noftris predi£tis quantum in nobis eft eifdem Johanni Fortefcu Ifabelle et
Margerie quod ipfi omnia et fingula predicta mefuagia curtilagia gardina crofta et terram cum portiis
viis afiamentis communi pafture et omnibus aliis pertinentiis predidris habeant et teneant eis et diclis
heredibus mafculis de corporibus predidtorum Johannis Fortefcu et Ifabelle exeuntibus per redditum
predium in forma predicta fupradi&a abfque impeticione fiveimpedimento noftri vel heredum noftrorum
Jufticiariorum, Efcaetorum, vicecomitum, coronatorum aut aliorum ballivorum feu miniftrorum
noftrorum vel heredum noftrorum quorumcunque eo quod domus five prioratus predic~tus de fundacione
progenitorum noftrorum alicujus aut alicujus progenitoris noftri de noftro prioratu exiftit feu eo quod
tenementa predidta inter alia data fuerunt et concefla domui fupradiclo five priori et conventui ejufdem
loci pro tempore exiftentibus et fuccefTbribus fuis per aliquem progenitorum aut antecefiorum noftrorum
in liberam puram et perpetuam elemofinam, vel ad aliqua divina feu alia fervicia fuftinenda vel facienda
feu eo quod eadem tenementa de nobis tenentur in capite non obftante. In cujus, &c. T. R. apud
Weftmonafterium xij die Februarii.

Per ipfum Regem et de data predicla aucloritate parliamenti.

APPENDIX B.

Patent Rolls. 20 Henrici VI. Annuity for John Fortcfcue.

Pro Johe Fortefcue,

EX omnibus ad quos, etc. Salutem. Sciatis quod gracia noftra fpeciali et ut dileclus et
fidelis nofter Johannes Ffortefcu Capitalis Jufticiarius nofter Statum fuum deccntius
manutcnere et expenfas quas ipfum in officio prrediclo facere oportebit fuftinere valcat,
conceflimus ei centum et quatuor viginti marcas percipiendas fingulis annis per manus clerici five
cuftodis hanaperii noftri aut per manus cuftumariorum in portubus Londonis, Briftoll, et villa; de
Kingefton fuper Hull pro tempore exiftentium ad tcrminos Pafcha: et Sancte Michaelis per equales
portiones juxta formam cujusdam a£li in ultimo parliamcnto noftro indc editi, necnon centum et fe\
folidos undecim denarios unum quadrantem et fcxtam partem unius oboli percipiendos fingulis annis ad
feftum Natalis Domini pro una roba et furrina pro eadem crga idem fcftum, ct fcxaginta et fex folidos
et fex denarios percipiendos fingulis annis ad feftum Pcntecoftcs pro una roba ct livura pro eadem erga
idem feftum per manus pnedi&i Clerici five Cuftodis aut pra-dictorum Cuftumariorum juxta formam
acli fupradicli. In cujus, etc. Tefte Rege apud Wcftminftcr xxv" die Januarii.
Per breve de privato Sigillo et de data prsedi&a aucloritate parliamenti.

Patent Rolls. 21 Henry VI, (A.D. 1443.) Pro Jthanne Fortefcu.

Rex omnibus ad quos, etc. etc. Salutem.
Sciatis quod,

Cum nuper per literas noftras patentes quarum Data eft apud Weftmonafterium Sexto Die

Chancellor Fortefcue.

Februarii Anno Regni Noftri Vicefimo confeflerimus dilecto et fideli Noftro Johanni Fortefcu Militi,
per nomen, Johannis Fortefcu, unum Dolium vini Percipiendum annuatim pro termino vitae fuse in
Portu Villae noftrae Briftolliae, per manus principalis Pincernas noftrae, et Haeredum noftrorum, vel
ejus deputati ibidem, qui pro tempore fuerit, prout in eifdem Literis patentibus plenius continetur.

Nos tamen de uberiori gratia noftra et ex mero motu noftro, ac pro bono fervitio quod idem
Johannis Fortefcu Nobis impendit, et impendet in futurum, conceffimus idem Johanni unum alium
Dolium vini, Percipiendum annuatim, a Fefto Sancti Michaelis Archangeli ultimo praeterito, pro Ter-
mino vitae fuae in portu praedidto per manus capitalis Pincerna? noftrae, et Haeredum noftrorum, vel
ejus Deputati ibidem qui pro tempore fueret, fimul cum praedicto Dolio vini annuo quod ei, ut praemit-
titur, conceffimus; eo, quod exprefla mentio de aliis donis, et conceffionibus, per Nos eidem Johanni
ante haec tempora factis, hie facta non exiftit non obftante.

In cujus, etc. etc.

Tefte Rege apud Weftmonafterium vicefimo tertio die Maii.
Per ipfum Regem, et de data praedicta, auctoritate Parliamenti.1

Patent Rolls. 25 Hen. VI. {March 22, 1447).

Rex omnibus ad quos etc. Salutem, Sciatis quod de gratia noftra fpeciali et ex certa fciencia et
mero motu noftris- et ut dilectuset fidelis nofter Johannes Fortefcue miles capitatis Jufticiarius nofter
ad placita coram nobis, teneat ftatum fuum decencius manutenere et expenfas quas ipfum in officio
fuo predicto et poftquam ab eodem officio ceflavit confideracione ejufdem officii facere oportebit fufti-
nere valeat, conceffimus eidem Johanni pro regardo fuo racione fervicii fui quod nobis in officio predicto
impendet et indies impendere non defiftet, quadraginta libras ultra omne id quod ei quod per aliquas
literas noftras patentes ante hec tempora conceffimus, percipiendas eafdem quadraginta libras a fefto
ScT Michaelis archl ultimo preterito, fingulis annis ad fefta pafche et ScT Michis per equales porciones
de exitibus et proficiis hanaperii noftri per manus clerici five cuftodis ejufdem hanaperii pro tempore
exiftentis aut de cuftumis noftris in portubus London, Briftoll et ville de Kyngefton fuper Hull aut in
aliquo eorumdem per manus cuftumariorum in eifdem portubus aut in aliquis eorumdem pro tempore
exiftentium juxta formam cujufdam acti in parliamento noftro, anno regni noftri decimo octavo editi
pro termino vite predicti Johls eo quod exprefla mencio de aliis donis et conceffionibus per nos eidem
Johanni ante hec tempora factis hie facta non exiftit et quocunque ftatuto aut acta in contrarium facto
non obftante. In cujus rei teft., etc. Tefte Rege apud Weftm. xvij. die Marcii.

Per breve de privato figillo.

1 Rymer, Foedera, vol. v. part i. p. 120. (Ed. Hagae Comitis).

Chancellor Fortefcue.

APPENDIX C.

Inquifttion upon Attainder 0/~Sir John Fortescue, Knt.y 4 November, 7 Edvu. IV. (1467).

Taken May 20, 1468, at Amefbury, Wilts.

NQUISICIO capta apud Ambrefbury in Comitatu Wiltes, vicefimo die Maii Anno regni
regis Edwardi quarti o&avo, coram Thoma Noreys, Efcaetore dicti domini regis in
comitatu predidto virtute officii fui per facramentum Thome Eyre, Johannis Knvght,
Willelmi Floure, Johannis Lavyngton, Johannis Wefton, Johannis Noton, Johannis Philippe,
Johannis Colles, Johannis Raynold, Johannis Dere, Johannis Bys .... Thome Pynkeney,
juratorum, qui dicunt fuper facramentum fuum quod Johannes Fortefcue miles qui auctoritate
cujufdam Aclus in Parliamento di&i domini . • . apud Weftmonafterium quarto die Novembris
Anno regni fui primo tento, editi, inter alios de alta prodicione erga cundem dominum Regem nunc
perpetrata, attin£tus . . . feifitus in dominico fuo ut de feodo quarto die Martii Anno regni
ejufdem regis primo et poftea de uno mefuagio et centum et quadraginta acris terre cum pertinentiis in
Kyngfton Deverell in Comitatu prediclo que valet per annum ultra reprifas xls. Ac de quinque
mefuagiis in Trowbrigge in Comitatu prediclo ac de dimidia virgata terre in Hilperton in Comitatu
predi&o que valent per annum ultra reprifas xx s' ac de redditu novem folidorum annuatim perci-
piendos de uno tenemento in Bradford in Comitatu prediclo cum revercione di£ti tenementi poft
mortem Robcrti Brugge et Alicie uxoris ejus qui quidcm Robertus et Alicia habent (latum de
predidto tenemento ad terminum vite eorum ex dimiffionc dicti Johannis Fortcfcu et Ifabelle uxoris
ejus ante prediclum quartum diem Marcii ac ulterius dicunt quod Idem Johannes Fortefcu fuit
feifitus in dominico fuo ut de feodo codem quarto die Marcii et poftea de tribus mefuagiis et quatuor
acris terre cum pertinentiis in Chippenham in eodem Comitatu que valent per annum ultra reprifas
xij9. ac de dimidia virgata terre cum pertinentiis et feptcm folidatas redditus cum pertinentiis in
Sutton in eodem Comitatu que valent per annum ultra reprifas x\ Et ulterius dicunt quod Johannes
Brian omnia et fingula exitus et proficua mefuagiarum, terrarum et tcnementorum prediclorum a
predicto quarto die Marcii diclo Anno primo ufquc capcionem hujus Inquificionis provenientes, habuit
et percepit quo titulo ignorant. In cujus rei teftimonium huic Inquificioni tarn predidtus Efcaetor
quam Juratores prediiSti figilla fua altcrnatim appofucrunt. Die loco et anno fupradictis.

Attached to this is an Inquifition taken at Cirenceftcr, 4 Nov., 7 Edw. IV.

io6

The Declaration

Chap. VIII.
The Declaration upon Cert ay n Wry tinges.

HIS refutation by Sir John Fortefcue of his own arguments, to which he was
compelled by Edward IV. as a condition of the reverfal of his attainder, was
printed for the firft time in the year 1869, by the prefent Editor.
It was written after his pardon and reftoration to the Privy Council in October, 147 1,
and before the reverfal of his attainder, which bears date in the fame month of 1473. He
here ftyles himfetf " The King's Liege Man and of his Councell," and in his petition refers
to this piece as " the large and clear writing " by which he had difproved all the arguments
againft the King's title.

Thofe arguments will be found either in " the Latin book," which now forms, or is
included in the fecond part of his long treatife, "De Natura Legis Naturae," or in the
fragments of the loft Tracts.

The manufcript copies of the Declaracion with which I am acquainted are as follows,
the firft three being in the Britifh Mufeum —

1. Harleian MSS., 1757, folio, on paper of the clofe of the fixteenth century.

2. Harleian MSS., 537, fmall 4to., on paper of the feventeenth century. This MS.
breaks off* abruptly before the middle.

3. Royal MSS., 17. d. xv., thick 4to., on paper of the feventeenth century.

4. Lambeth MSS., 262, f. 129, in the Lambeth Library.

5. Holkham MS., in the poffeffion of the Earl of Leicefter.

Their variations are but flight. I have in general followed the Royal MS., as copied by
Mr. Richard Sims, and collated with the two other Mufeum MSS., but have fupplied many
illegible words and omiffions from a tranfcript of the Lambeth MS., made for this work
by the Rev. J. O. Payne. For a collation of the Royal MS. with that at Holkham, I am
indebted to the Rev. Canon Collyer, and to the permiffion of Lord Leicefter.

upon Cert ay n Wrytinges. IOy

THE DECLARACION MADE BY JOHN FORTESCU, KNYGHT,
UPON CERTAYN WRYTINGES SENT OUTE OF SCOTTELAND,
AYENST THE KINGES TITLE TO THE ROIALME
OF ENGLOND.

LERNID man in the lawe of this lande come late to the fame Sir John Fortefcu, The intro-
fayinge in this wife, Sir, while ye were in Scotelande with Henry fomtyme king fhf^atier
of this lande in dede, though he wer not fo in righte, there ware made there many
wrytinges, and fent hedyre, by which was fowen amongs the peple matier of grete noyfe and
infamye to the tytle whiche the Kinge oure foueraigne lorde Edward the fourth hath, and
thoo hadde to reigne vpon us. And truly fyr the conceyvinge and endytynge of thoo
wrytings haue be afcribed to you in the opynioun of the people, confiderynge that ye were
the chief Counceller of the faid late Kyng. For whiche caufe hit is thought to many right
wyfe men, and alfo to me and othere of youre frendis, that it is nowe youre dutee, and alfo
ye beth bounde in conference to declare youre felfe herein, and alfo the qualities and effectes
of all fuch wrytinges as ye were thoo pryve unto, in fuch wyfe as thay turne not hereafter to
the Kinges harme. And that ye doo this by wrytings fuch as may come to the knowlache
of the people alfo clerely as dyde the fayd wrytinges fent of Scotelande ; of whiche many
yete remaynen in the handes of full evyll dyfpofed people that pryvely rowne1 and reden
thaym to the Kynges dyfhonour, and difclaimdre of his faid title. Whervnto Fortefcu fayd
in the forme that foloith.

My verray good and tru frende, I thanke you hertely of your fadde and faithfull Fortefcu
councell, which I fhall folow alfo ferre as fhalbe pofTyble to me ; for I knowe vndoutedly ^ mA^e j-ucfj
that it ys reafon I do as ye move me. But yit it is fo that there wore many fuch wrytinges declaracioun
made in Scotelande, of which fum were made by other men than by me, wherunto I was as ls def>'red-
never pryve. But yet the bryngers of tham into this lande faide they were of my makyng,
hopynge tharby that thay fhulde have been the more favoured. There were alfo other
wrytings made ther by the faid late Kyngs Councell, and fent hedyr, to whiche I was not
well willynge, but yet thay pafTed by the more partie of that Counceill. And over this f. 312

To rowne, is to whifper. To rede, is to fpread abroad.

The Declaracion

there were made wrytinges there, fome by myne affente, and fom by my felfe. In all fuch
wrytinges it fhall nede that my declaracions were dyuers according to my merites in malcinge
of them. Neverthelefle I wollde fayne in all thoo wrytinges declare the effedt.es of thayme
after my reafon and larnynge, yf I myght have the copyes and doubles of thayme, which I
have not, nor have feen any minute of them, fythen I come into Englande. And therefore
I pray you hertely to gete me fome of the fayd wrytings or copies of theym yf ye can do
fo; and els that ye woll declare to me fuche of the matiers as ye can now remembre.
Wherunto the faid lernyd man then faid in this wyfe.

The Lerned Man.

This article Syr, I haue none of the faid wrytinges nor yet any fayd copy of theym ; but yit I
ETmoTd ^ rememDre me well of dyuers maters wryten in fome of thayme ; of whiche oone mater is
Crochebake. this. Kynge Henry the thirde hadd two fonnes, of which the elder, as the wryting faith,
was called Edmunde, and ye yonger Edwarde. And becaufe that Edmunde hadde a grete
difformyte in his bake, he was called Edmunde Crochebak. And by that caufe the Kynge
would not that he fhulde be Kynge of Englande after hym ; and wolde tharfore that his
yonger fonne mould fuccede hym in his Realme ; and by that caufe made the faid Edmunde
Henry iii.ac- Erie of Lancaftre, Leyceftre, and Derby, and caufed his fonne called Thomas of Lancaftre,
Edwarc^ift' to De ^e °^ Lyncoln by maryage, and gaffe to him the Erledome of Hountyndon, and
2nd, 3rd, many other gret lordfhippes ; and made the Countee of Lancaftre to be a countee Palatyn,
Henry 4th, to thentent that his faid elder fonne mould be the leffe in the daunger of his yonger broder
5th, 6th, Ed- when he were Kynge. Off whiche Edmunde was afterwarde defcended Blaunche, doughter

ward iv., 76 > 5

I+6i. to Kynge Henry, the fyrfte Duk of Lancaftre, fonne of Henry, fecond fonne to the faid

f. 312 b. Edmunde. For the forfaid Thomas dyed with oute iflue. Whiche Blaunche was after-
warde wedded to John the thirde fonne to Kynge Edwarde the thirde ; which John and
Blaunche hadde iflue Henry afterwarde Kynge of Englande, called Kynge Henry the fourth;
which hadd ifTue Kyng Henry the fyfte ; and he had iflue Kynge Henry the fixt, which by
this meane was nexte heire to Kynge Henry the thyrde. Syr was this your wrytinge.

Fortefcu.

The anfwer For fothe fyr, nay, nor I was neuer afcentynge to the wryting thereof.1 And yit I was
artklef0rfayd Sretety defyred by my felowys in Scotelande, to haue made this wrytinge or othyer lyke therto,

1 The following paflage, included in James's " Excerpta ex Fortefcue," is part of the writing which he here
denies to have been his. The evidently Scotch fpelling can hardly have come from an Englifh pen: —

" King Henry the thyrde had hTew Edmonde that was called curvus, and Edwarde ; which Edmonde for
his deformitie was put fra his ryght, and the faid Edwarde made King, and callit Edwarde the firfte ' with the
long fchankis.' And for peife the feide Edmunde gaif over to hym the Erledome of Lancaftir, which is called
the thyrde foot of the Croune."

upon Certayn JV ry tinges.

but I wolde not do it, be caufe I knew veryly that it was vntrue ; as it apperith vndoutedly

by a Cronycle, called " the Cronicle of Saynt Albanes," in the which the wryter, as me

thought, kept an ordre and a rule infallible. For he wrote every moneth, what the Kinge

didd in every grete mater in the moneth; and what AmbafTadours or other new thinge come

vnto him ; fo as by lyklinefle, he might not erre in his Cronicling. By which Cronicle hit

apperith in what day and monith Edwarde fonne to Kynge Henry the thyrde, was borne;

and howe in the next yere after that, at a day and place fpecyfied in the fame Chronicle, the

Quene was delyvered of a doughter ; and in an other yere after that of an other doughter; f. 313.

and tellith there names ; and how after the byrth of tho twoo doughters, me was delyvered

of the faid Edmunde. By which Cronicle hit is clerly fhewyd that the faid Edward was Edward

four or five yere elder than his forfayd broder Edmunde. And in the Cronicle called th,an

J J hdmund.

" Flores Cronicarum," which is holde of a greater auctorite than eny other Cronicle wryten
in this lande, the fame Edwarde is ofte tymes callyd Edwardus Primogenitus Regis Anglia.
Wherthorough, and by many reafons whiche I now leve for the fchortenefle, I was in-
dubitably lerned that the faid Edwarde was the elder brother. Wherfore I wolde not aflent
to that wrytinge made in Scotelandc, nor fe hit ; but I fayd to thaym that moved it that it
was untrue.

The Lerned Man.

Truly fyr, than faid this lernid marine, I am righte glade that I haue harde you fay thus, The lerned
for by this declaracion the Kings title fhalbe more clcre in the onnvnion and knowledge of man a%reixh

7 b . b him well to

the people in that matier, than it fhulde haue bene yf the faid vntrue wrytinge hadd neuer the faid dc-
ben made; and therfor I now defyre to haue communycacion with you upon fuch other claracion
maters as I remembre were alfo wryten oute of Scotlande ; Truftynge that after your
declaracion made in theym thay fhalle alfo turne vnto the Kinges good; how be it thay
were not made to that entent.

Item. The Lerned Man.

Syr, ye wrote in Scotland, that the prefent kynge our fovcrayne lord claymeth this This article
Roialme by defcent from two women ; which Roialme is not inherytable by any woman as SPP0*^
ye faid. And in proffe of your entent ye wrote howe Edmunde Irenfyde elder brother to Ircnfyde.
faynt Edwarde the Confeflbur, hadd iflue a fonne ; whiche hadde iflue a doughtere weddyde f" 313 b
to Malcolyne Kynge of Scottes, now canonized, and called Saynt Margarete; of which
kynge and Margarete haue bene fithen dyfeendide all the kynges of Scottes ; whiche not
withftondynge, after the dethe of the faid Edmunde, Sainte Edwarde reyned in this londe
pefeably all the lyffe of the faid Saint Margarete with oute eny clayme made vppon him, by
hyr, or by her hufbande, and with outen that env of ther heirs have claymed this londe at
any tyme fithen ; whiche clayme thay wold haue made yf it hade bene inheritable by eny
woman, or by the ifTue of a woman. And alfo Saint Edwarde that was fo rightwos, and
tharfor is now a faynt canonized, wolde not haue kepe this londe from the doughter of the

I 10

The Declaration

fonne of his elder brother yf me ought to haue hadde it by inherytaunce. Syr, this wrytinge
importith two things, oone is euidence that the corone of this londe is not inheritable by a
woman ; the fecunde is that if it be inheritable by a woman, than the Kynge of Scottes
oughte to haue it. How fore the two maters bene a yene the Kynge and his title, your
reafon feelith well ynough ; and therfor they nedyne right playne and open declaracion,
where in I wold fayne here you.

Fortefcu.

Here is dif- My frend, the fyrfte poynt whiche ye faye that the forfayd wrytyng importith, and

proved the fa^ife be euidence, that the corone of this londe is not inheritable by a woman, may not
fyrft poynt ' J J

that the for- make eny fuche euidence ; for hit apperith in the Cronicules of this londe, and fpecially in

[mporth'eCle Policronicon, the fixth boke, in the twenty-eight chapter, that Edgare Adelynge brother

fo. 314. to Saint Margarete, was alyve and in Englonde at the time of the deth of Saynt Edwarde,

and longe after ; wherfor1 Saint Margarete in the lyfe of the faid Sainte Edwarde, might

haue hadd no title to the corone, though it had been difcendable to heires females ; wherfor

here noun clayme, or the pofTeflion of Saint Edwarde proven noo thing, or makyn eny

euidence for the right of fucceflion of women in this Realme, or in any other.

Fortefcu.

And here is And as to the fecunde poynte which ye faye that the forfaid wryting importeth, that is

difprovedthe to f -f ^1$ ]on(je j-,e inherytable be woman, than the Kinge of Scottes fhuld haue right
iecund poynt J J 3 0 0

of the fame therto ; that mater may be clerely dyfprouede be many reafons, of which oone is this. The

article *

fayd Edmunde Irenefyde was a bafterd goten by Kynge Ethelrede, otherwyfe called Adelrede,
vppon his concupyne called Algeua doughter to oone Egelbrede, longe tyme be fore that the
faid Ethelrede was wedded to Emma doughter of Richard Duke of Normandy, by whom
he hadd iffue Saynte Edwarde the ConfefTour ; as it clerely apperith al fo well by the
Cronicles wryten by Petrus Pictauenfis,2 and by frere Nicholl Try vet, whiche I haue feen and
rade fy then I come into the londe, as by other Cronicles of which I am late enformed and
hope to fe thayme ayene within a fewe days. Wherfore the children difcendid of the faid
Edmunde Irenfyde may not by any lawe inherete the Roialme of Englond or eny other
lande as heires to the faid Ethelrede, or to any of his Aunceftries. And though he hadd
f. 314 b. bene mulier,3 as he was not, yet the Kynge of Scottes may not clayme this roialme by reafon
of him, as it fhalle clerely appere by the reafons that folowen.

1 The two Harleian MSS., as well as the Lambeth and the Holkham MSS., read here, between the word
" wherfor " and the words " might haue hadd," " Saint Edwarde in the life of the faid Edgare." Such a reading,
however, is hardly applicable to the reft of the fentence.

2 An Englifh Chancellor; he died about a. d. 1200. For his works fee Watt's Bibliotheca Britannica.

3 i. e. legitimate.

upon Certayn W ry tinges.

1 1 1

Fortefcu.

Fyrfte it was fo, that after many batels hadde between kinge Knoght and Edmunde How Ed-
Irenfyde, thay accorded to determyn ther werre by a finguler baytale called duellum, of j?1°nd Iren"
thaym felfe. In which batelle when thay wer booth werry, accorde toke betwene tham that this land to
this lond fhuld be departed between them bothe fer terme of thayre lyues, and he that over- the Dancs-
lyved fhulde than haue the hole to him, and to his heires euermore. By force of whiche
accorde thay bothe kepte and occupied this londe in common alle the lyfe of the fayd
Edmunde Irenfide. After whoos dethe kynge Knoght kepte and occupied the fame lande
fole as kinge tharof bv force of the fayd accorde, and hadd iffue Harold Harefote, and
Harolde Hardknoght, and died peafibly feafed tharof. Aftere whos dethe his faid two
fonnes hadd and enjoyed this lande peafabely, oone after that other, alle the days of thaire
lyues, and died with oute iffue. Wherfor this lande was than with outcn eny kynge. By
which occafion thay drove hens alle the Danes, and chofe Saint Edwarde, then beynge in
Normandy with his moders kynne, to be thaire kynge, and than fent for him, and made
him kynge of Englande ; in which aftate he contynued peafably all the deys of his lyfe.
What ryght than might haue remayned in th'iffue of Edmonde Irenfyde, though he had
been mulier, fethen he hadd graunted his Roialme to the Daynes in fee for euermore ; be
force wherof thay kepte and enjoyed it peafibly three generacions, and than lofte it for
defaute of heires ? How than might eny of thiffue of Edmunde Irenfyde males, or females,
clayme this londe which the fame Edmunde had youen to the Daynes, which by force f. 315.
tharofe, and alfo by conqucft, kepte it peafably into thare fourthe generacion ? Suffyfith not
than this mater to exclude and barre the Scottes, yf thay wold clayme this londe by the
heires of Edmonde Irenfide ? By whom the Daynes have greater colour to clayme it, than
they, and yet they haue no maner of ryght tharto, as it mall well appere by a matier that
hereafter fhall folow. Butt yet I mail mew fyrfte another mater by which the heires of the
faid Edmond beth excludid and barrable to clayme this lond as coufyns to Saint Edwarde
though he hadd be mulier, which is this.

Fortefcu.

The lawe of Englond is fuch, that if a man havinge a brother of halfe blode, be feafed The fecondc
of any londe in fee fimple, and dye with out iflue, that lond mall neuer difcende to his faid Ar8umcnt

» t > J ' made aycnft

brother, nor to his iflue, but it fhall rather efchete to the lorde of whom it is holde, that is the heires of
ftraungc to that blode, and to his heires for evermor. Than fethen Edmond Irenfide, f^^e*
though he hadd been mulier, and Saint Edwarde, were brotherne but of halfe blode, that is
to fay, Edmunde was iffue to the forfayd Alyfone, and Saynt Edwarde was iffue to Emma
doughter to the Duke of Normandy, the faid Edmonde, nor eny of his iffue might neuer
fuccede, nor bee heire to Saynte Edward. Which mater he well confideryng, and that he

112

The Declaracion

hadd none other kynne which ought to enherete his roialme after him, willyd that William
Duke of Normandy his next cofynne in his moders fide, might fuccede him in his Roialme
of Englonde. Wherunto Harold fonne of Erie Godwyn, and the grettefte lord of Englonde,
f. 3 1 5 b. and alfo the more parte of all the lordis fpirituelx and temporalx of this londe, were welle
aggreyd, and promytted that it fhalbe fo. And the fame Harolde made lyke promys in
Normandy to the Duke him felfe, but yet after the dethe of Saint Edwarde he abated, and
ocupyed this Roialme hym felfe as kynge therof. For which caufe the faid Due of
Normandy come ouer with a greete hoofte and conquered this londe. Buth not all the
heires of Edmonde Irenfyde, though he hadd be muliery,1 but yet half a brother of Saynt
Edwarde, barred for evermore by the lawe of Englonde to clayme this Roialme, or any
londe as heire to Saynt Edwarde to whom theire aunceftre was brother but of half bloode ?

Fortejcu.

The thyrd Item it is wryten in the boke of Judicum the eleventh Chapitre, that Jepte fumtyme

made'ayenft Jugge> anc* gouernour of the children of Ifraell, juftyfied their pofiefion in certayn landis
the forfayd whiche thay hadd goten by conquefte of the children of Amon, by caufe thay hadd kepte

hcyrcs.

and occupyed the fame landes peafably after thaire conqueft by the fpace of three hundred
yere; how moche more lawfully than may the Kynge our fouerane lorde, whos progeni-
tours and him felfe bond fide haue been peafably poffefTed of this londe more than four
hundred yeres, juftyfie his pofTeffion tharin ayen the forfayd Daynes and Scottes yf thay
wold clayme hit by any title grawen to thaym by Edmunde Irenfyde, or eny other man be
fore the Conquefte ? And in lykewyfe a yen the Saxones, Romayns, and Brytons, which in
olde days haue been lordes here, the poffeffion truly of four hundred yeres, excedith grettely
the title of prefcripcion ufed in eny Roialme of the world. And yet is prefcripcion oone
f. 316. of the ftrengeft titles aucloryzed by any lawe. Is not nowe the forfayd wry tinge made in
Scottelande concernynge Edmonde Irenfyde thoughe he hadd be mulyer, clerely provede of
noone effecle ? And that it maketh noon euydence a yen the Kyng our fouerane lorde,
but that the kynges title by occafion of yt, and by reafon of this declaracion, is more clere,
and fhalbe more openly knowen than it fhuld haue been if that wrytinge hadd neuer be
made ? Wherthorow it turneth all to the kings good, though the vtterer tharof ment not
that it fhuld haue doone foe.

The Lerned Man.

The confyde- Sir, than faid this lerned man, ye wrote alfo while ye were in Scottelande that Kinge

racion which ,-j , r^-r-i , . , , ,

ledde Kinge Henr>" tne *"th beinge lerned by wyfe and connyng men, that he might not have the Roialme

Henry to
make a-
corde with

Fraunce. 1 Muliery, i. e. legitimate.

upon Certayn Wrytinges.

of Fraiince by the title of a woman, that is to fainge by the title of quene Ifabell that was
doughter to the kynge of Fraunce, and fyfter to three kinges that reyned ther after the
deth of hir Fader, lefte for that caufe that title and clayme ; and alfo the ftile and name
of Kynge of Fraunce, which he hadd ufed many yeres byfore, and accorded with Charles
the kynge of Fraunce to wedde his doughter Kateryn, and dide foo. And vpon the treaty
of that maryage accorde toke betwene the kynges by thaffent and counfell of the more partie
of the Dofeperes,1 and three eftates of that londe, that the faid Kynge Charles muld haue
and enjoy peafably the Roialme of Fraunce, with the dignitie, ftile, and name of Kinge of
Fraunce, all the dais of his lyffe; and after his decefle the Roialme of Fraunce muld remayne
and goo to the fayd Kynge Henry and to his heires kynges of F,nglonde for euer more.
And that the fame Kynge Henry (and his heires) muld be Regent of Fraunce, and called f. 31b b.
heres et Regens regni Francis all the lyfe of the fayd Kynge Charles. Whiche accorde, and
all thynges conteyned in hit was affermed and made fure as well by the three eftates of
Fraunce with th'aftent of the moofte partie of the Doufpers, as by a parlament holden in
Englonde the ninth yere of the faid King Henry. By force and caufe of whiche accorde
the fame Kynge Henry lefte the name and ftile of Kynge of Fraunce in all his wrytings, and
was called Rex Angli<e, heres et Regens regni Francis, in his patentes and wrytings, all
the dais of his lyff ; and fo was his fonne called after him all the lyfe of the faid Kynge
Charles. After whos deth the fame fonne was in Parys crouned Kynge of Fraunce, beynge
there prefent the more partie of the lordes of Fraunce that were not at werre with the faid
Kynge Charles the day of his dethe ; which lordes all afiented to that coronacion. By
which wrytynge ye entended to prove two thinges; oon is this, that Kynge Henry the fifte
vnderftode that the Roialme of Fraunce was not inherytable by the title of a woman. The
fecunde is that Henry fonne to the faid Kynge Henry hadd right to the Roialme of
Fraunce by rcafoune of that accorde, and not our fouerayne lorde Kynge Edwarde the
fourth.

The Lerned Man,

Syr, me thinketh that your faid wrytinge may not prove any of thes faid two poyntes. The dif-
For as to the fyrfte poynte, the levinge of Kynge Henry the fifte his title of the Roialme ^oc^10JJc oi
of Fraunce may not prove it, nor be evidence to the profe of hit ; for he was not next heire poyn'te of
to the forfaid quene Yfabell, by whom we thoo hadd our title to Fraunce, for Edmundc, at 'h.at co.n"

• 9 * fidcracion.

that tyme Erie of Marche, was next heire to the faid quene Ifabell ; that is to faynge he was
fonne to Roger, fonne to Phillipp, doughter to Lyonell, fonne to Kynge Edward the thirde, t. j 17.
fonne to the forfayd quene Ifabell. For which caufe the faid Roger, fader to Edmond, was
proclaymed heire apparaunt to Kynge Richard in his parlament holden at Weftmynfter the

The word is either a contraction of Dues it I'airs, or is put for douzc Pairs.

ii4 The Declaration

twelfth yere of his reynge. To which Roger, and all fo to Edmonde, the Kynge our
fouerayne lorde is next heire ; for he is fonne to Richard, fonne to Anne, dough ter to the
faid Roger, and alfo fufter to the faid Edmond late Erie of Marche which is dede with oute
ifllie of his body. And the forfayd Kynge Henry the fifte was fonne to Henry, fonne of
Johne, yonger brother of the forfayd Lyonell. In which cafe he myght not be heire to
quene Ifabell, and by the confequens tharof he might not have hadd the Roialme of Fraunce,
alle the while ther wer any iflue of the faid Lyonell on lyve. By the whiche confideracioun
he lefte the name and ftyle of kyng of Fraunce, and made the faid treatie, and not by the
confideracioun whiche ye imagyned on your faid wryting ; for els he hadd no colour of
title to that Roialme. And therfor, Syr, me thinketh that now the forfaid fyrfte poynt is
clerlye dyfprovede.

The Lerned Man.

The dif- And as to the feconde poynt of the fame confideracioun, ye knowe welle how that the

troccion of accorde and title that grew tharby was goten by the coftes, charges, and aventures of this

the feconde & r . .

poynteofthe londe fore the good and profytte tharof ; which, I wotte welle, hath cofte this londe cc. m .
lame con- j-> an(^ more> And. fythen Kynge Henry the fifte is now dede with oute iflue, the title and

iyderacion. J 1 D 4

right that grewe by that accorde is now holyche, and oonely yn the Kynge our fouerayne
f. 317 b. lorde, whiche is indubytable his next heire made. So that now he hath title and right to
the Roialme of Fraunce, as well the title that grewe of that accorde, as by his olde tytle whiche
he and his progenitours, heires to the forfayd quene Ifabell, have long hadd, and which his
forfaid noble aunceftre, Edmond Erie of Marche hadd before the faid accorde, and at the
tyme of the makynge tharof, and his heires alway fythen have hadde, as well in the lyves of
the fayd Kynge Charles, Kynge Henry the fifte, and of his fonne, as fythen, not excludede
by the forfaid accorde to have and clayme it as next heires to quene Ifabell. So that in
the lyfe of faid Henry fonne to Kynge Henry the fifte, the Kynge our Souerayne lorde
hadd as verely right to the Roialme of Fraunce, and fhulde have hadd ayen the fame fonne
yf he hadd been in pofTeffion of that Roialme, as he nowe hath ayene kynge Lowys which
occupyeth the fame Roialme, and as his noble progenytours have hadd ayene the aun-
ceftres of the fame Lowys, the forfaid accorde notwithftondynge. Neuerthelefs his highnes
hath now both titles, that is to faynge his auncient title, aunceftrell, as next heire to quene
Yfabell, and this new title that was gotene by the forfaid accorde. Is not nowe the forfaid
fecunde poynte as clerely dyfproved as the fyrfte, fo that by the forfayd latter mater wryten
oute of Scottelande thaire remayneth no more maner of evydence ayene the Kynge nor his
title ?

Why Kynge
Henry his

Fortefcu.

Syr, ye haue fo clerly declared theffecles of the forfaid lafte wrytinges that it now nedith

upon Certayn JV ry tinges.

not more declaracion made by me and I am right gladd to here of youe, and to vndyr- councell
ftonde by your faynge how grete nede the councell of the lafte Kynge Henry hadd to wryte ^e°fuccef-
ayene the title of the enherytaunce of women in kyngdoms ; for els by that title the Kynge fl0n of
our fouerayne lorde myght haue diftroyd inevitably the title whiche the fayd late Kynge hadd kyngedome
in the Roialme of Fraunce by force of the forfayd accorde, as ye haue clerely mewed. Alfo f- 3'8-
by that title the Kynge oure fouerayne lorde was vndoutably inherytable to the Roialme of
Englond byfore the fame Kynge Henry, confyderynge that he is defcended of Lyonell the elder
brother, and the fame Henry was defcended of Johne the yonger brother, as is be fore openly
declared. O howe good lorde is Godde to the Kynge oure Souerayne lorde that now hathe
yeven him thies bothe titles wherethorow his fubgettes may fight for hym in his title for his
roialme of Fraunce with oute any doute or fcrople of counfcience; for by fyde his auncien
title, that Roialme is now al fo clerely fure to him and to his heires by the faid accorde, as
all the councell of bothe Roialmes coude or yet canne make it.

The Lerned Man.

Than fayd the lerned man, Truly Syr, me thynketh youe well defpofed in all theis maters Here is de-

hiderto, for in all wrytinee made by yourfelf ye haue confcfled the trouthe and declared the y.red a de~

» jo J J J claracion

caufe why ye wrote fo, wherin I cane afligne no defaulte in you. And in thoo thinges that ayen the
wer wryten by other men ayenfte youre wylle, ye haue declared the qualites and merytes of L°ten°and

thaym bothe truly and planely, to the Kynge's good and honour, as me thynketh; for whiche other wrjt-

ye be worthy right grete thanke. But yet Syr, ye wrote oute of Scottelande oone matier ^Scote-*

which nedith Right gret and clere delaracion, for it fownyth gretly ayen the Kinge's old landc-

title to his Roialme of Fraunce ; and fo it dydde when it was wryten ayenft his title of this f' 318 b-
londe. Whiche matier is this; Ye wrote that no woman may fuppremely reigne vpon man,
for Gode faide to the fyrfte woman thife wordes, EHs Jub poteftate viriy et ipfe dominabitur
tut. Which wordes faid to hire, was faid to all the kynd of woman ; as the wordes then
faid by Gode to the fyrft man wer faid to all mankynde. And oult this ye wrote a boke in
Laten, be whiche ye entendid to proue the fame by many auclorytes, fcriptures, and reafons;
wherin yf ye fo declare yourfelfe, and the maticrs of that boke, as the Kynge be not harmed
by theyme, ye than acquyte you well, and do tharin to his highnefle right acceptable and
lovynge feruice.

Fortefcu.

I wolde fayne do as ye move me, God knowyth, and right fory that ever I wrote fo, or Fortcfcue

labored vpon the makynge of that Laten boke. But yet the werke to whiche ye nowdefyre [he dc

leclara-

me were more conuenyent to another mans pen than to myne ; for I haue wryten fo much cion which

1 Here tin Hvleian MS. breaks off.

T j 6 The Declaration

is defyrcd of tharin to an other entent, as ye know welle, that yf now I do as ye move me, my worke
him wold be tharin ,j fown fo j ,e dowbleneffe, that in the oppynyone of the people, and namely of

to his in- l 1 .

fame. fimple men, I may tharby fall into infame of dowblenelie ; and yf it be doon by another

man he may haue no hurte be it, but he mall haue right grete worfhipp yf he do it conyngly.

f. 319. Wherfor I wold be right gladd, and helpe him tharin in alle that I coude, and honeftely
might do. Alfo Syr, fithen thies maters to whiche ye ftere me, concernen the right of fuc-
ceflion in kyngedoms, whiche is the gretteft matier temporall in all the worlde, they oughten
to be treted and declared by the moofte profounde and gretteft lerned men that can be goten
tharto, and not by men of my fimpleneffe that haue not moche labored or ftudyed in any
faculte except the lawes of this londe, in which the ftudientes lerne full lytell of the right of
fucceffion of Kyngdomes. And alfo yf any thinge be wryten herein which may reafonably
be difproued, that writinge wher it is difproued, fhalle fortefye and helpe the oppynyon of all
theym that haue wryten to the contrary entent. Wherfore I drede me fore to wryte herein,
knowynge myne infuffycientie tharto, and that if it be not fufficiente, men wolle fay that I
made it fuche for to ftrenght tharby my rather 1 wrytynges Et fic erit nouijfimus error pejor
priore. Wherfor me thinketh the Kyng's highnefle wolde be moved to commytte this werke
to fuch as beth more able and more prone tharto than I.

The Lerned Man.

The wrvt- Youre wyfdome, Syr, concey veth well how fergeauntes and aduocates that been right

now hde worfhippfull men arguen dayly to prove the titles of thayr clyantes, and after that in a lyke
fyred may cafe for another clyant thay arguen to the contrary entent, and beth not for that, nor ought
woTfhippfulI to ^e blaymed. So alfo doone The Jugges in maters of gret diffyculte wherin thay beth alfo
f- 319 b. indifferent, as thay be, for fuch difputacion ys to thayme befte meane to find the right in
euery doubtous cafe. Gracian alfo that compyled the booke of the Lawe Cannon, called
Decrees, in all his queftyons which he maketh in the cafes whiche he puttith there, called
caufes, difputith for eithir partie of euery queftione. Thus doth Saynt Thomas in Secunda
Secunde,2 and in all his bokes where as he afketh eny queftions, and thus doone all the clarks
that determyn eny matirs in fcoles ; for this ordre is no doubleneffe, but argument and proof
of conynge and vertue. And fithen your wrytynges whiche ye haue made in the matiers in
the whiche I now move you, were but arguments, and ye no Jugge, but a parcyall man, feruant
to him for whos fauour ye made the arguments, and his caufe is now expired, and he deed,
ye may nowe honeftly and commendably with oute eny note of blame argue to the contrary
entent of that ye haue doo by fore this tyme yf ye finde reafons and groundes to do fo. And
alfo ye ben nowe bounde in confcience and by right to do fo, confyderyng that ye be

1 " Rather " here means earlier, as the comparative of rathe, early.

2 St. Thomas Aquinas, one of whofe works is fo named.

upon Certayn W ry tinges.

IJ7

the Kyngs liege man, and of his councell, and founde in his noble grace alfo grete
clemence and fauoures as euer dyd man fithen he fyrft reyned vpon vs ; and perauentur
yor olde argumentes and wrytynges mowe els turne and be occafion to his harme, or to
the infamie of the title be which he reigneth upon us ; which I am right fure ye wold
not were fo. And Syr, yf ye wryte as I move you to do, and than it fortune your wrytynge
to be not of fuche effecte as ye entende, which thinge me thynglceth ye drede gretly, The
Kynge mall not be harmede tharby; for his highnefle may than make other notable and
connynge men to make better wrytinge tharin; wherin thay mall fynde leffe diffyculte whan
they haue feen your wrytinges.

Fortejcu. f. 320.

Syr, youre reafons and motyves beth fo gret that yf I do not as ye move me I dred that A woman is
men mail holde me felfewylly, and tharfor I wolle aflay and do as ye defyre me. The poweVof
matier which ye fay I wrote and is fo gretly ayenft the Kynge is this. I wrote how that me man while
femyd no woman ought foueranly or fuppremely to reynge vpon man. Which matiers I tnc Pope."
pretended to prove by the Juggementes which God gave vpon the firfte woman whenne fche
hadd fynned, faynge to here thife words, Eris Jub potejlate viri,et ipfe dominabitur tui, whiche
been wrytten in the boke of Genefis the thirdc chapitre, and beth fuch in Fnglyfhe M Thou
fhalt be vnder the power of man and he fhall be thy lorde." Which wordes fpoken to that
woman was, as I thoo wrote, fpoken to all the kynde of women, as the wordes tho fpoken
by God to the firfte man were faid to all mankynde. This matier ye now defyre that I woll
fo declare, and alfo the matiers of a booke which I wrote in Laten to enforce myne intent
herein, as the kynge our fouerayne lorde be not harmed be thcym in his titlis of Englonde
or of Fraunce. Syr, as to the fyrfte poynte in whiche ye defyre my declaracion, I hope to
finde not difficulte. For our lorde fayde not in his forfayd Juggement that a woman fhuld
be vnder the power and lordfhipp of all men, or of many men, but he fayd indiffinytely or
indetermynably that fhe fhulde be vnder the power and lordfhipp of man ; which is true yf
me be vnder the power or lordfhippe of eny man. For logycions fayne, Quod prcpoftcio
indijfinita eft vera ft in tiliquo Juppofito ilia fit vera, and by that Reafoune me is vndyre the
power and lordfhippe of man yf in any kynde of fubjecion fhe be vndyr the power and
lordfhippe of any man. Whcrfore howe be it that thar beth many kyndes of lordfhippes
called by dyuerfe names in Latin, as is, Dominium Regale, Dominium Politician, Dominium
difpoticum, and fuch other, yf a woman be vnder the power of man in oone of the kyndes of f. 320 b.
lordefhippcs, fhe is vndere the lordfhipp of man. And that euery woman is vnder the
power and lordfhippe of fume one man, which is alle that fhe is arted vnto by the forfaid
Juggement in Genefis, may not be denied ; for euery woman is vnder the power and lord-
fhippe of the pope, whiche is a man, and he vicare of Crifte, God and man. And though
his power and lordfhippe were but fpirituell, yet the beinge vndyr that power and lordfhippe

The Declaracion

is a beinge vnder the power and lordfhippe of man. Wherfore the forfaid texte of Genefis,
or eny thinge by me deduced therof, may not prove that a woman may not reigne in a
kyngdome of whiche the kinge hath no foueragne in temporaltes, fithen fche abideth alway
fubget to the pope. And by the fame reafoune it may not hurte the kynge in his titles to his
forfayd twoo Roialmes.

Fortefcu.

The argu- Item this matier is argued in the forfaid Latin boke in this forme. God commaunded,

ayenft^o-6 anc* by his juggement eftablyfhed that euery woman fhalbe vnder the power and lordfhippe
man in the of man ; than, by the fame commaundment and juggement he commaunded that no woman
a en o e. ^j^g free or exempt from the power and lordfhippe of man ; for, as I wrote there, Precepto
vno contrariorum eorum alterum prohiberi necejfe eft. But a woman to reigne in a kyngdome
of whiche the kingdome is fubget to no man in temporaltes, is a woman to be fre and exempt
from the power and lordfhippe of man ; hit fhall thanne neceffarily enfue that no woman
f". 3?. i. may reigne in any fuche kyngdome; for it were fuppremely and foueraynly to reign vppon
man ; wherthorough fhe wer thanne not vndyr the power and lordfhippe of man. This is
the ftrengyft argument that is made in the faid boke by reafoune of the forfayd texte of
Genefis. Wherfor yf this argument be clerely dyftroyed, the fyrfte matier whiche ye defyre
me to declare is than clerely declared. Nowe truly I am right fory that euer I made eny
fuche argument ; for it is an informyle tale, and no kynde of filogifme. Wherfor the minor
is inpoflible, and tharfor not true ; and the confequent, yf it might be callede a confequent,
is not neceffarie. Wherfore this maner of Argument proueth no thinge.

Fortefcu.

Here is The forfaid minor is this. A woman to reign in a kingedome of whiche the kinge is

n^khgls" fukget to 1100 man in temporaltes, is a woman to be free, and exempt from the power and
with oute lordfhippe of man. Fyrfte it nedyth that it be vndyrftonde that alle that we fpeke of kinge
temporaltes" an£^ kingedome in this difputacion mufte be vndyrftonde of Cryften kynges, and thaire
kyngdomes, though tharin we name thayme not fo. Thanne thus ther is not, or may be,
by pofTibilite, eny kingedome of whiche the kinge in temporaltes is fubget to no man ; for
all kynges beth membres off holy Chyrche, of which our holy fader the Pope is Vicare to
Cryfte as hede, faynge the Appoftell Omnis viri caput Criftus eft, to whome alle the
membres of the Chyrche, as to the hede tharof, beth and ought to be fubgettes, and
obedyentes. Wherfor thanne it wolle followe neceffaryly that any kinge to be not fubget
to any man is unpoflible, fythen euery kinge as a membre of holy Chirch, is fubjecle to the
Pope. Thanne whethir this fubgeccione be only of his perfone, or alfo of and in his perfone
and his kingdome, which bothe be temporales onely, now remaneth to be proved. And to

upon Certayn JV ry tinges.

119

prove that he and his kingdome, and alfo he in his kingdome and in all other of his tempo-
raries, beth fubget vnto the Pope, I procede in this maner. Or Cryfte was conceyved, God
faid of him by his Aungell to his moder theis wordes Dabit Mi Dominus Deus Jedem Dauid
fatris ejus, et regnabit in domo Jacob in eternum, et regni ejus non erit finis. Of which
wordes this is the fentence. God promitted by his Aungell that Crifte Jefus fhulde haue
the eftate and dignite of Dauid which was kynge of Ifrael, and that he fhuld reigne in that
kingdome, which in the forfaid wordes the Aungell called the houfe of Jacob, for Jacob was
called Ifraell, of whom all the people of that Roialme were defcended. And tharfor by him,
and of him, that roialme was called the kingdome of Ifraell, in whiche the Aungell faid that
Crifte fhuld reigne for euermore, and that ther fhuld neuer be ende of his reigne. Ifraell by
interpretacion is a man that feeth God ; thanne is not the kingdome of whiche the aungell
thoo fpake the kingdome of Jewes, for they feen nat God, and alfo thaire kingdome is
endede ; but it is the kingdome of all Cryften men, which onely amonge al mankynde feen
God, and euyr fhall lafte, and nowe is called all holy Chyrche. In this kyngdome nowe
reyneth Cryfte by his vicare, and euer mall reygne, for he promitteth to be with vs vnto the
ende of the worlde, as fomtyme reyned Dauid in the kingdome of Ifraell while he lyvede.
And fithen all the Princes and Subjectes of Kinge Dauid were his fubjectis in thair perfones,
and in thair poffeffions, why than beth not now all the kinges and princes of the chirche
fygured by the kingdome of Dauid, al fo wele fubjecles to the Pope in thaire perfones, as in
thair temporaltes ? Kinge David toke not from his fubgetts thaire goodes or poffefliouns f. 322.
with oute jufte caufe ; but yit he compelled the princes of euery Tribe to rule juftely thair
fubjectes, and els he punifhed thayme for thaire defautes. So thogh the Pope toke not from
the kings thair goodes and poflefTions with outen caufe, yet he ought compcllc theym to rule
juftely thaire fubjects, and els to punyfhe theym for thaire neglygens and defauts. Thus
Moyfes hanged the princes that punyfhed not thaire fubjectes whanne they hadde offended.
Thus haue Popes punyfshed Emperours and Kinggis when they haue myfrulyd thaire
fubjects, as we rede in Cronicles of olde dais ; for thay ought to correcte thaire owne
fubjectes whanne thay offended. So ought the Pope to correcte theym whanne thay offende;
and els thaire defautes fhalle remayne vnpunyfshed, which God wold not. And therfor
Crifte is Kinge of all Kinges, and lord of all the worlde ; havynge in the handes of the
Pope his vicare, both fwerdes ; for which he is called Rex et Sacerdos, and compellith all
princes as well fpirituell, as temporell to come to his gret councelks. By which matiers, and
by many moo which wolde afke grete trait of tyme yf thay fhulde be fpecified, it may
vndoubtedly appere that ther is now noo kingdome in the Erthe, of Criftcn men, of which
the kinge is not fubjecte, alfo welle in temporaltes, as fpiritualtes. Wherthrough the forfayd
minor is now clerely proved unpoffible, and therfor it may not be tru.

I 20

The Declaration

Fortejcu.

Here is the And fithen the minor of the forfaid argument is proved impoflible and tharfor vntrue,
ofthtfo^-1 the conclucion, called the confequent, is not neceflarye, and therfor not good by logyke,
fayd argu- Gr eny other faculte ; wherthrough it maketh no maner profe or evydence ayenfte the right
proved.^" of fucceffion of women in kingdomes, as by the faid argument was intended. And though

the faid minor hadde be poffible and true, yet the confequent tharof wolde haue made no
f. 322 b. good argumente ; for though a kynge be not fubjecle to any man in temporaltes, yet it

folowith not tharof that fuch a kinge is not fubje&e to any m-^n /implicit er ; quia arguendo a

quo ad fimpliciter, non valet argumentum.

'The Lerned Man.

The lemed Then faid the forfaid lerned man in this wyfe, Truly Syr, ye have nowe declared thies
manholdyth matjeres f0 openly and clerely that ther remayneth no matier of evydence ayenfte the

hym content. r J J J

Kinge or his Roialmes by reafoune of the jugement yoven by God a yenfte woman, whanne
he faid Eris Jub potejlate viri et ipfe dominabitur tui, which was the moofte fore matier
ayenfte the inherytaunce of woman in kingdomes.

The Lerned Man.

The lyuere But Syr, I remembre me well that I haue redde a writinge made in your name in whiche

filed b he

heires of the ye doubted whethir that Phelyppe moder to Roger fometyme Erie of Marche, of whome
duke of the Kynge is defcended, were the doughter of Syr Lyonell Duke of Clarence, and wheder the
fame Duke had any iflue that ovir levid him or no ; for ye faid that ye had not feen nor harde
f. 323. of any man that hadd feen any recorde provinge that the faid Philipp, or eny of hire heires,
or that other perfonne hadde euir any lyuere in the Chauncerie, or otherwyfe, of any lorde-
fhippes or other lyvelode that were fomtyme to the faid duke of Clarence. Nathelefle I
mervell not grettly of youre ignorance tharin ; for I can well fuppofe that befor your
departinge out of this londe ye delt not moche with that inheritaunce, and tharfor made
nevir ferche for the lyuerez tharof. And while ye were by yonde the fee, ye might not fe
eny fuche recorde. But Sir, now that ye beth come hider ye may with oute difficulte
fe recordes, proving fuch liuerez made alfo well to the faid Phillip, as to diuerfe of hire iflue,
as heires to the forfaid duke, and alfo as heires to the dochefle his wyfe dame Elizabeth
moder to faid Philippe, as here after ye fhall neuer haue doute, or finde difficulte in that
matier. Whervpone the fame lerned man fchevyd vnto the faid Fortefcu, a copye of
an accompte made in the Efcheker in the dais of Kinge Edward the thirde in thes wordes :
In compoto Johannis Grejfingham Efcheatoris Regis in Comitatibus Norfolcia et Suffolcia
. computatur a vigejimo Jeptimo die Novembris anno quadragefimo Jecundo, ufque ad annum quad-
ragefimum offavum, de aliquibus exitibus maneriorum de Walfyngham Jeu Crefeham qua

upon Certayn W ry tinges.

I 2 I

Leonellus nuper Dux Clarenci* defunclus tenuit per legem Anglic pojl mortem Elizabeth*
quondam uxoris fu* de rege in capite ut de hereditate Philippe fili* et heredis prediclorum
Leonelli et Elizabeth*, ficut continetur tranfcripto cujufdum inquifitionis et extent* coram ditlo
EJcheatore inde capta fuper hunc compotum decimo-Jeptimo die Otlobris anno quadrigefimo tertio,
quo die idem Dux obiit, et diclus EJcheator maneria ilia per mortem ipfius Ducis c*pit in
manum regis ufque vigejimum quartum diem Augufti fequentis, quo die dicla Philippa quam
Edmundus de mortuo mari Comes Marchi* duxit in uxorem *tatem fuam Jufficienter probavit,
et rex cepit fidelitatem ipfius comitis regi de omnibus terris et tenementis qu* pnediclus
nuper dux tenuit tarn in dominico Juo ut de feodo, quam per legem Angli* pojl mortem
pr*ditl* Elizabeth* quondam uxoris fu#, matris ipfius Philipp* de hereditate ejufdem
Philipp* debitam, et eifdem comiti et Philipp* omnes terras et tenementa pr*diila cum
pertinentiis reddidit, ac Rex per breve fuum datum eodem vigefimo quarto die Augufti
precipit ditlo Efcheatori eifdem comiti et Philipp* de omnibus terris et tenementis pr*diclis
plenam feifmam habere facere non R. et cet. By whiche recorde it clerely apperith that the
forfayd Philippe was doughter and heire to the forfaid duke of Clarence, and to Elizabeth
his wyfe; and that fche, and the Erie of March hire houfbond had liuere in the Kings
Chauncerie of all the landis and tenements whiche the forfaid duke helde the day of his deth
in his demeane as of fee ; and alfo of all thoo landes and tenements which he held by the
curtefy of Englonde after the deth of the forfaid Dochefle. And ouir this, the forfaid
lerned man offered to have mewed to the forfayd Fortefcu diuerfe other recordes as well of f. 29.
the Efcheker, as of the Chauncerie, proving all the premiflcs if he wold haue goten with
hym into the fame Courtes.

Fortefcu.

Wherunto Fortefcu, I pray you, Sir, to ASew to me no moo records of this matier, For
this fuffyfith to put oute of my mynde alle the doutc that I hadde in this matier. For fithen
the faid Philippe and her hufbande hadde lyuere as heire to the forfaid duke in oone Countee,
it may not be douted but that thay hadd lyke liuere in euery Countee of Englonde wher as
the faid due hadd any lyfelode. And thoughe thay hadde not, yet it apperith that thay
ought to haue hadde.

The Lerned Man.

Then faid the lerned man in this wyfe, Syr, while ye were in Scotteland ye wrote howe f. 30 b.
kinge Henry the firft hadde iflue a doughter wedded to the Emperoure of Almayne, by
whome me hadd no iflue ; but after his deceafe (he was wedded to the Erie of Angeou,
and had iflue by him a fonne afterwards called Henry fitz. Emprefle ; and that kinge diede
without eny other iflue. After whofe deth this londe wold not fuffre his doughter to reygne

122

The Declaration

upon hem, by caufe, as ye fayd, it was not inheritable by woman; and by the fame reafonne
thay wolde not fuffre hire fonne to be thaire kinge by title of her; but thay chufe thanne
Stephen Erie of Boloyne, fuller fonne to the faid kinge, to be thaire kinge ; which by force
of that eleccion was made and ennoynted Kinge of Englonde, and fo reigned more thanne
eighteen yere. And after that, whanne the fonnes whiche the faid Kinge Stephen hadde
were dede, accorde toke bitwene him and Henry fitz EmprefTe that the fame Henry fhuld
after his decefe have the kingdome of England to him, and to his heires males, for
euermore ; of whiche eftate he was thanne made fure by auctorite of parliament, by which
title he and his iffue hath reyned in this land alle waye fethenne. Syr, me femythe whanne
ye wrote this ye knewe not well the Chronicles that beth wry ten of Kinge Stephen, and of
Henry fitz EmprefTe. For certaynly Kinge Stephen come not to this londe by eleccion.
Nor Henry fitz EmprefTe was entitled tharin by aucloryte of parlament. Wherfor fithen
ye be now in this londe, where ye may ferche and find the trouthe therof, which ye knew
not then, me thinketh it were for you nowe to make fuche ferche, and thanne to declare by
your wrytinge the clernefTe and trouthe of this matier ; for els the King's title, as well to
this londe, as to his Roialme of Fraunce, might be dyfFamed and hurte by coloure of your
fayde wrytinge, which I knowe well ye wolde not wer fo in any wyfTe.

f. 224 b.
The ferche
made touch-
ing the for-
fayd matier.

Fortefcu.

I thanke you my frende, for your counceyll. But yet truly I haue done alle redy as ye
now aduyfe me. And therfore I fhalle fchewe vnto you in articles, what I haue founde in
fondrye Cronicles of the matier. Fyrfte I find in a Cronicle written by a worfhipfull clarke
called Radulphus de Duceto fumtyme Deane of Pawles, how vndyr the yere of our lorde
one thoufand one hundred and thirty-five, he writeth thefe word.es,1 Rex Anglor Henrycus
cum regnajfet annis triginta quinque, quatuor etiam menfibus, decejfit apud Sanclus Dionijium,2
in Silua Leonum, et in Anglia Jepultus eft apud Radingum.3 Hugo By god Senefcallum regis
veniens in Angliani, coram Archiepifcopo Cantuarienfi Jacramento probauit quod dum Rex
Henricus ageret in extremis, ortis quibujdam inimiciis inter ip/um et imperatricem, ipfam ex
heredauit, et Stephanum Bolonite Comitem heredem inftituit. Willielmus Cantuarienfis nimis
credulus verbis Senefcalii, Stephanum Moritonii ' Comitem conjecrauit in Regem apud Weft-
monafterium. By whiche wordes it apperith that Kinge Stephen was made Kinge of
Englande, and the EmprefTe put from that aftate oonely by the reporte of the Stewarde of
the Kings Houfe, to whiche the Archebifshope gave to hafty credence. Wherthorough it
apperith that. the fame Kinge Stephen was not chofen to be Kinge of Englonde, as is con-
teyned in the forfayd wrytinge made in Scoteland.

1 Twyfden, Decern Scriptores.
3 Reading.

2 St. Denis le Forment in Normandy.

4 Moretoil in Normandy, of which Stephen was count.

upon Certayn Wry tinges.

123

Forte/cu.

Item I finde in the fame Cronicle howe that in the yere of our lorde one thoufand one Another
hundred and fifty-two, Henry fitz Emprefle entred into this londe wherof the faid cronicles Cron,c,c-
wrytyth under thees wordes llenricus dux Normannorum intrauit Angliam in manu valida infra
otlavas Epiphanie, Cajlellum de Malmejbury obfedit, et milites intus obfejfos ad dedicionem
coegit. Euftachius films Regis mortuus eft. By which it apperith that in the lyffe of Kinge f. 325.
Stephen, and by fore any accorde made with him, Henry fitz Emprefle claymed this londe
in his owne right as inherytor tharoff" ; for at the tyme of his entre he hadd non othere
tharto.

Forte/cu.

Item in the yere of oure lorde one thoufand one hundred and fifty-three the faid Item another

Cronicle

Cronicler1 writeth in this wyfe Euenit quod minime credebatur, dijfencio regni non dirimitur in romc e'
gladio. Partibus euocatis /line et inde tranfaccio celebrata eft ; diligencia inter uenit Archiepifcopi
Cantuarienfis et aucloritas plurium operata eft : Wintonienfts Epifcopi profuit folicitudo :
coepifcoporum ajfenfus non defuit ; defuit procerum et concilium et conjenjus. Et ut noftri
majores videantur a legibus aliquid accepiffe, novi aliquid a legibus Jumpferunt . Ducem ft quidem
Normannorum Rex in filium arrogavit et in eum jus Juum tranftu/it, et poteftatem ftbi coad-
junxerit, regime dignitatis folam ymaginem refcrravit. Et ft profeticum illud attenderis, jam Je
induit genitore, jam ducem arrogavit in filium : In part ici pern regni et poft modum Juccejforum
univerfi ducem recipient : In rege ducem et in duce regem finguli venerabuntur. By this
Cronicle it apperith that the accorde made betwene Kinge Stephen, and Henry fitz Emprefle
was a priuat peas, and covenant made betwene hem by the meanys of fpirituell men for the
terme of the lyffe of Kinge Stephen, and tokc no longer any effecle, for it was made by
none auclorite of parlyment ; as it expreflely apperith, by the fame Cronicle, vndir thees
wordes. Epifcoporum ajfenfus non defuit, defuit procerum et conftlium et confenfus. ' What
wordis may more clerly ffiewe that it was not made by auclorite of parliament than doon
thies wordes that feyn there lacked to this accorde the councell and aflent of the nobles
temporals of the londe ?

Forte/cu. f. 325 b.

Item in an other Cronicle wrytten under the yere of oure lorde one thoufand one Another
hundred and fifty-two is conteyned thus, Stephanus Rex Anglorum et llenricus dux Nor-
mannorum cognatus ejus, oBo Idus nouembris Jufticid de celo profpiciente, concordati Junt hoc
modo. Rex prius recognouit in conuentu Epifcoporum et comitum et rclinquorum optimatum

1 Twyfden, Di ccm Scripton v

124

The Declaration

hereditarium jus quod dux Henricus habebat in Regno Angli<£, et dux benigne conceffit vt rex
tota vita Jua fi vellet regnum teneret. And in lyke fourme is wrytten the fame yere, quafi
de verbo in verbum, in the Cronicle Flores Hyftoriarum. By which it exprefTely apperith
that Kinge Stephen knowledged that Henry fitz EmprelTe which was thoo entred into
Englonde, hadd right to the faid londe as his inherytaunce ; and that after that accorde, the
faid King Stephen had no right tharin but by the graunte of Henry fitz EmprefTe.

'The Lerned Man.

The effede Whervpon the forfaid lerned man than fayd in this maner. Faithfully Syr, me thinketh
{[ d cronf- ^at ye naue ^one §ooc* anc* e^"ec^ue^ diligence in the ferch of the Cronicles. Which be
cles. right playne, and prouen clerly that Kinge Stephen was neuer chofen by the londe to be

kinge tharof ; and alfo that Henry fitz EmprefTe was Kinge tharof of his owne inhery-
taunce, as fonne and heire to the EmprefTe doughter to Kinge Henry the fyrfte ; and that
he cam not to this londe by title of eleccion, or by au&orite of parlyament, as was fuppofed
by the forfayd wrytinge made in Scoteland. Wherthorough than it openly apperith that he
had right tharin by his moder, whiche right he enjoyed all his lyfe, and fo haue done all his
f- 326. childer fithen. And by the fame reafoune Roger fometyme Erie of Marche, fonne to
Philippe doughter to the fayd Duke of Clarence, elder brother to prynce Edward, fader to
Kinge Richarde ought to haue hadd this Roialme as next heire to Kinge Richarde. By which
confideracione Kinge Richard made the fame Erie of Marche to be proclaymed in parlya-
ment his heyre apparent, beynge ther tho prefent the Duke of Lancafter, and his fonne the
Erie of Derby, whiche after the dethe of King Richarde reygned as Kinge of Englonde
callyd Kinge Henry the fourth. Which right to the Crowne is defcended from the fayd
Roger fometyme Erie of Marche, to the Kinge our fouerayne lorde, as to his Cofynne and
heire, that is to faynge fonne to Rycharde, fonne to Anne, daughter of the fame Rogere Erie
of Marche ; as is in an article before fpecially declared. And by lyke tytle, defcent, and
right, our fayd fouerainge lorde ought to haue the Roialme of Fraunce by Ifabell moder to
Kinge Edwarde the thirde doughter and heire to the Kinge of Fraunce.

The Lerned Man.

Nowe truly Syr, I am gladd that I haue comenyd with you uppon all thes matiers. For
how fo be it that when ye wrote them ye intended that they fhuld haue been fore agayne
the Kings title by which he tho claymed, and now hath this londe, and fo thay fowndyd, and
wer fo taken of many men, God knovvyth ; yet nowe, blyfTed be God, thay be turned to a
f. 32 b. contrarie entent and effecte, for thay have caufyd alle your forfayd declaracions. By whiche
the faid title is now fo clere and oppenne that ther remayneth to theym that wyll fbryve
therwith, nether matier nor coloure to do fo. And verely ye be worthy grete thanke for

upon Certayn W ry tinges.

that ye haue thus planely fayd in thies matiers, not fparinge your owne oppynions whiche
ye helde, while ye ware a parcyalle man ; but preferring right a bowe wylle, and alle
effections. And where as late ye drad that fuch maner of delynge might hurte your fame,
truly Sir, it may not do fo, for ye haue in no thinge fayd nay to fuch thinges as ye verely
knewe; but in many things which ye proued by arguments ye haue now dyfprouyd by
gretter reafons. And many things which ye wrote by informacions wenynge thay hadd bene
fuch as ye were tho informed, ye have fethen knowen by grete Euydences and Cronicles
that thay were not fuch ; which ye nowe knowledge as ye ought to do. For els ye hadd
doone a yen right ; which me thynketh ye be not fo difpofed to doo.

126

Family of CafilehilL

Chap. IX.

The Forte/cues of Filleigh, or CafilehilL

E fhall now inquire into what is on record of the pofterity of the Chancellor,
through his only fon Martin Fortefcue, or- Sir Martin, as he is fometimes
ftyled.

Martin Fortefcue married Elizabeth Denzille or Deynfell, daughter and heirefs of
Richard Denzille of Filleigh, Wear-Giffard, Buckland-Filleigh, and Landfend in Colebrook,
all in North Devon ; and in South Devon pofleffing Combe in Holbeton, and Tamerton,
on the Tamar.1 Their marriage fettlement is dated September 10, 33 Henry VI. (a. d.

H54)-2

The defcent of this heirefs, and of her large poffefTions, was as follows : —
The manor of Wear-Giffard3 was given to one of the Giffards by William the Con-
queror ; from which circumftance, and becaufe there was a fifh-wear in the river Torridge on
the manor, the -name arofe. An heirefs of Sir Walter Giffard, who was lord of the manor
in 1 242, married a Cornifh Knight Sir Walter Tre-wen or Tre-awne, whofe great-grandfon
William "called himfelf Weare, of his dwellinge;" and about the 13th of Henry IV.,
(a. d. 1411-12), marrying Elizabeth de Filleigh, daughter and heirefs of John de
Filleigh, fixth in defcent from Simon de Filleigh, became thereby feized of the Filleigh
and the Buckland-Filleigh eftates. This William Weare, and Elizabeth de Filleigh,
had iffue, an only daughter, Joan Weare (Pole calls her Elizabeth), who carried
both her father's and mother's poiTefTions to her hufband Richard Denzill, whofe
fon Richard marrying Anne daughter of Sir Philip Courtenay of Powderham, and
widow of Sir William Palton, had iffue an only child Elizabeth, married to Martin
Fortefcue.4

There is little mention of this perfon, who died, at rather an early age, a few years before
his father. He lived on his wife's eftates at Filleigh, the prefent Caftlehill, where, fays
Rifdon,5 he had " large demefne with a park thereto belonging," and, he adds, writing about
a. d. 1620, "where the franknefs of the houfekeeper confirmeth the welcome of friends ; "

1 Weftcote's Devonfhire, p. 352.

2 Mr. Incledon, in Stemmata Fortefcuana, relates that he had feen this document. See alfo Mr. Yonge s
letter in fame compilation.

3 Letters to the author from Rev. J. W. Weare of Hampton Houfe, Hereford, written in 1863; and Pole s
Collections for Devon, p. 385.

4 Pole's Collections for Devon 5 Rifdon, p. 313.

FAMILY OF

William Fortescue of Wimpfton, liv
1406. (See the Wimpjlon Pedigree.)
Sir John Fortescue of Shepham and Norn!
2nd fon, Governor of Meaux in 1420.
Sir John Fortescue, 2nd fon, born about 1395; Ch
cellor to King Henry VI.

Martin Fortescue ■ mar. 1454; died=j=ELizABETH, dau. and heir of Richard Denzille of Filleigh, Wear-(j
before his father, Nov. 12, 1472. land Filleigh; furvived her firft hufband, and re-mar. SirRichardi

. I

WlLLIA

ancefto

John, aged 12 years at his father's death ;=j=a.d. 1480, Jacquet, dau. of Ralph St. Leger,
born 1460; died June 2, 1503. | Efq. of Amony, in Monkfleigh.

(l) George, aged 19 at his father's death.

Bartho!

Gertrude, mar. to Sir Bernard Richard of Filleigh, born=pJoAN, dau. of . . .
Drake of Afh; buried 1601. 1517; died 1570. | Moreton of Kent.

— I

Mary.::

^Humphrey Yeo of
Heanton Sackville

Ellen. =Willi am Canwell of Hach /
dell, in Loddifwell, buried U

( 1 ) Hugh of Wear- ■
Giffard, buried 1600.

Elizabeth, dau. of Sir John Chi-
chester of Raleigh ; buried 1630.

(2) George of=j=JoAN, dau. of A Daughter,

Combe, living Norleigh of mar. to Jef-

1 570. Inwardleigh. fry Tothill.

I .

Mary.-

=Richard

CULME of

Molland.

John of Filleigh ;=pMary, dau. of Humphrey

buried 1605.

Speccot of Speccot, in
Thornbury; buried 1637.

Hugh of Wear- Giffard ;=
2nd fon; mar. 1623;
buried 1650. S.P.

^Elizabeth, dau.
of Richard Cof-
fin of Portledge.

A Daughter, mar.
to Anthony Pol-
lard of Way.

Hugh of Wear-Giffard, mar.=r=MARY, dau. of Robert Rolle
1612; buried 1661. ) of Heanton Sackville.

Elizabeth, mar. to
. . . Langford.

Dorothy, mar. to
George Yeo.

Sarah, r
Woolco

John,

ob.

1628,

aged

Robert ; no male iflue ; but=GRACE, dau. of Sir
by his lft mar. Grace, wife to Bevil Grenville of
Sir Halswell Tyntf. ; and by
his 2nd mar. Elizabeth, wife
to George. Horner, Efq., iflue
a daughter, Eliza.

Stowe, in 1644; 2nd,
to Susannah, dau.
of Sir John North-
cote, in 1652.

Arthur of=
Penwarne,
in Corn-
wall, bur.
1693.

-Barbara,
dau. of
John El-
ford of
Shepfton,
Efq.

— 1

Edmond.

^Sarah, dau.
of Henry
Aland of
Waterford,
Efq.

Hugh.

= . . . . who
afterwards
married
Thomas
Doyley,
Efq.

Joseph.

1 ft, Bridget,:
dau. and
heir of Hugh
Boscawen
of Tregoth-
nan, died
1708.

=HUGH:

of Fil-
leigh,
died
1719.

=2nd, Lucy,
dau. of
Matthew,
lft Lord
Avlmer,
died 1767.

John of

=Amy, dau.

Ar-

Penwarne,

of Sir

thur

Sheriff of

Peter

Cornwall,

Fortes-

Pen-

1741 ; no

cue of

warne

ifl'ue.

Wood,

died

Bart.

1736.

:Dinah, dau.
of John
Yerman of
Lamornan,
Cornwall.

Joseph, =

p2nd, Jo-

Ed-

Clerk

anna,

mund,

dau. of

died

Peace

William

un-

CO.

Gay of

mar.

Devon.

Barn-

1704.

ftaple.

John, lft
Lord

Fortescue
of Credan,
born 1670.

T
Sam>

Clee

Wea

fardi

168

=pift, Grace, =j=
dau. of
Lord Ch.
Justice
Pratt.

Hugh, Earl of
Clinton, and
lft Lord
Fortescue of
Caftlehill ;
born 1695;
died 1751,
unmar.

Boscawen,
born
1701 ;
died 1719;
no iffue.

Theophilus,
born 1 707 ;
died 1745;
M.P for
Barnftaple ;
no ifl'ue.

1 1
Arthur,

1 1

b. 1699;

Mar-

Bridget,

Robert,

b. 1703;

garet,

born

William

, b. 1704;

born

1696;

Arthur,

b. 1705;

1693;

died

all died in child-

died

1743-

hood.

1760.

Matthew, =pAnne, dau.

2nd Lord
Fortescue,
born 1719;
died 1785.

of John
Campbell,
of Stack-
pool Court,
Pembroke-
fhire.

Lucy,:

=George,

died

Lord

1746.

Lyttle-

ton.

John :
of Pen-
warne,
born
1776.

:1ft,

dau. I
Wld
Efq.

John, 3rd fon,

born 1 755 ;

died 1773.

Hugh, lft Earl:
Fortescue, born
1753; died 1841.

Hester, dau. of Henrietta, dau. of=r=MATTHEW, Capt.=pHENRiETTA Anne, dau.

Rt. Hon. George
Grenville.

Col. Archer, bur.
1 794 ; lft wife.

R.N.,born 1754;
died 1842.

of Sir Richard Hoare,
Bart. ; 2nd wife.

Lucy, b. 1 756, mar.
1778, Rev. . . .
Harrington.

An
die

Hugh,:

2nd

Earl,

born

1783.

=Lady SusAN=2nd, Elizabeth,
Ryder, dau. dau. of P. Geale,
of Earl of Efq. ; widow of
Harrowby, Sir W. Somer-
died 1827. Ville, Bart.

George :

Matthew

of Boc-

conoc,

b. 1791,

d. 1877.

:Lady Louisa
E. Ryder,
dau. of lft
Earl of
Harrowby.

John,
in Holy
Orders,
b.1790,
d.1869.

=S0PHIA,

dau. of
Rev. H.
Ne-
ville.

Hester,
mar. to
Peter
Lord
King,
d. 1873.

Catherine, mar.
Hon. Newton
Fellowes (after-
wards Earl of
Portfmouth), d.
1854.

Anne,
mar. to
George
Wil-

BRAHAM,

d. 1864.

Mary,
mar. to
Sir J.
H.Wil-
liams,
d.1874.

Hi G 11 ,

3rd

Earl,

born

1818.

Georgina,
dau. of
Hon. Col.
Dawson
Damer,
d. 1866.

John

William,

b. 1819;

d. 1859.

1 1

Dudley— Lady Camilla Gran-
Fran- Fellowes, ville
cis. dau. of the Henry,

Earl of b. and d.

Portsmouth. 1827.

Louisa

Susan

Anne,

born

1833-

George
Gren-
ville, b.
1835;
d. 1856.

1 l 1 1 1

Hugh, Viscount Seymour- Lionel Henry Arthur John

Ebrington, born John, b. Dudley, born Grenville, William,

l854- 1856. 1857. born 1858. b. 1859. '

Harriett

Hugh

Mary,

Eliza-

Cyril

Bevil.

Eleanor,

Grenville,

born

beth

Dud-

born

Coldftream

1846.

Frances,

ley,

1850.

1836.

Guards,

born

born 1838,

1843.

1847.

died 1875.

Charles

William

Susan

Mary

- ■ I""

Lucy

Gr i n ville,

GeorgeDamer, Elizabeth,

Eleanor,

Cate

b. 1861.

born 1866.

orn 1 848.

b. 1849.

b. 18

CASTLEHILL.

=Elizabeth, dau. of Sir John Beauchamp
of Ryme, Dorfet.

=Eleanor, dau. and heirefs of William Norreis
of Norreis.

^Isabella, dau. and heirefs of John Jamys, Efq., of Philips-
Norton, Somerfet.

d, and Buck-

EROY.

Elizabeth.=Edward Whalesburgh, Efq.

Maud.=Robert, fon of Sir Robert
Corbet, Knight.

Buckland Filleigh, which he inherited from his
the Fortescues of Buckland Filleigh and Dromifkin.

mother ; = Matilda, dau. and heir of John
Atkyns of Milton Abbot.

w of Filleigh. =pELLEN, dau. of Maurice Moore of Moor Hayes, in Collumpton, by Agnes, dau. of Sir Lewis Pollard.

A Daugh-=LF.wis Hache of North-
ter. aller, in South Molton.

Elizabeth.

Anne, mar. to John
Raleigh of Ford.

Lewis, died in 1 595-=pWiLM0T, dau. of Sir
] Roger Gifford.

1 1

Dorothy. Achilles.=Prudence, dau. of.

Luttrell of Santon
Court, in Braunton.

Margaret.

iy.=Edmund Rey-
nell (brother
to George).

Rebeccas

=G forge
Reynell
of Malfton.

Sarah. =Leonard Yeo
of Huifh, Efq.

to John
jf Combe.

Mary.

Cecily.

A N N E .

Robert.

RlCHAItl).

>6=j=Mary,
dau. of

Yeo,
Efq.

Elizabeth,
mar. to Sir
George
Chudleigh,
of Afhton,
Bart.

(2) Joan,

(3) Joanna,
mar. to C.
Clobery,
Efq.

(4) Mary,
mar. to
James
Erissey
of ErifTey,
Efq.

(5) Margaret,
mar. to L.
Pote of
Godincote,
Efq.

Eliza-
, dau.

ICE
f ER.

Mary,
mar. R.

Coi'LE-
STONE.

Eliza-
beth.

Dorothy.

John of-
Cleeve,
born
>73l-

:ELIZA-

iieth

George,

died

young.

j,=2nd, . . . .
< dau. of
, ... Tre-
fusis.

Mar-
<;aret
Frances.

Hugh, =pCathe
R.clor
of Fil-

Joseph, =BsioasT,

leigh,
living
1794.

Sophia,

died
■833-

RINE,

dau. of E.

Hound lk

of Barn-
flaple.

Bar.-;
Law ,
died
1 779-

nat. dau.
of Earl
Clinton.

Wil-
liam,
Capt.
R.N.
bu-
ried
»775-

Bartholomew.=p

Susan. =Steph en
Lee.

John,

1640.

dicd~j~. .

Arthur, living
1628.

Gertrude,
1628.

George of=
Combe,
mar. 1044.
died 1673.

Elizabeth, dau.
of John For-
roCUI of Buck-
land-Filleigh,
died 1668.

JOAN.=WlLLIAM

Longworth
of Hache
Arundel,
died 1664,
aged 81.

George,

born

1653-

John iifi 1 Mill,
Combe, died
b. 1665; 1695.
d. 1705.

Thomasin,
born 1656.

Joan, b.
1663;
d. 1718.

The above on the Combe Fortefcues is from " Stemmata
Fortclcuana," pp. 14, 74, 81, 117.

John,

who

died

> 743,

un-

mar.

A fon,

died
un-
mar.

A daugh-
ter, . . .
died un-
mar.

Dormer,
2nd Lord
For-

tf.scuf of
C re dan,
died un-
mar.
1781.

Samuel
ofBide-
ford.

Bar-
bara.

John, born
1736; died
an infant.

Mary. LOCK Joseph of Lynhurfl.=r=MARY, dau

born 1762
1 795-

living

Eliza-

BETH,

mar. to
Earl of
Devon,
d. 1867.

Mounsey.

(1) Mat- =?=Erskine, 4th dau. of

THEW, born
1786; mar.
1811; died
1852.

Jas. Christie, Efq.,
of Durie, co. Fife,
(by Mary Turner
Maitland).

WlL- =
LIAM,

Holy
Orders.

Is All ELL,

dau. of Jas
Christie,
Efq., died
1826.

= 2nd, Eliza-
beth, dau.
of Rev.
Robi in
Gould.

Ill Mil

^Caroline,
dau. ol
Rt. Hon.
Sir H.
Russell.

,J(>M I'll

Hugh,

bap.

>79>-

Hugh.

bap.
»793-

Wil-

LIAM,

bap.
"794

Mar\ .

bap.
1792.

Matthew
Charles
Maitland,
born 1812;
died 1827.

Mary Tuh- = Fhedk-
neh Fr- rick J.

SKINE, ISAACKE,

born 1818; Efq.
mar. 1846.

Thomas Dyckk
Aci.and, Capt.
R.N., born
1821 ; died
1865.

Harriett =Capt. J.
Boswell Stir-

FrSKINF, LING

b. 1823 ; Stuart.
mar. 1852.

Margaret =D. Martin
Lucy, Correy of

born Straw 1 1 ill.

1824; Efq.
mar. 1 846.

Hugh
Frring-
ton, b.
1827;
d. 1859-

Ar- =pAnne,
dau. of
Patrick
Syme,
Efq.

CHER,

born
1820.

Fran-:

CIS,

born
1826.

Katherine
Fredrica,
d. of Capt.
A. Fli.h i .
R.N.

Geohgina Eleanor Alice A daughter,
Seymour, Hester, Sophia, born 1806.
b. 1852. d. 1864.

William Isabella Thomas Dycke
Arch er, Barclay, Aci.and, born
b. 1851. b. 1854. 185b.

Henry, Francis Hugh

born Alex., Charles,

1856. b. 1838. b. i860.

Family of Cajllehill.

1 27

and alfo at Wear-Giffard. At the latter place he enlarged and remodelled the manfion,
leaving it much in the ftate in which it now remains, although fome years ago the Honour-
able George Fortefcue did much to reftore and preferve it. It is a very interefting memorial
of the laft half of the fifteenth century; the church, hamlet, and manfion, the walls of the
latter covered with ivy, myrtles, and vines, lying clofe together on the banks of the Tor-
ridge four miles above Bideford in the valley through which that river comes down from
Torrington, form a pleafing group. The following defcription is partly from notes which
I made on the fpot in June, 1858, but, as to the heraldic details, from information very
kindly fupplied by the Reverend J. W. Weare, of Hampton Houfe, Hereford, a defcendant
of the old family above-mentioned, as well as from the " Stemmata Fortefcuana ": —

The principal features are the old Gothic gate-houfe, built by the Weares, or Denzills,
which formerly flood in a wall that furrounded the manfion, but was deftroyed in the great
Civil War; and the hall, built by Martin Fortefcue about 1460, with "one of the fineft
oak ceilings in England, as richly carved as that of the Chapel of Henry VII. at Weftmin-
fter." 1 It has at one end a range of {tails in oak and panel-work ; at the oppofite end a
mufic-gallery alfo of oak, it is wainfcoted all round. The fireplace is large and of ftone,
its archway with heraldic memorials, as follow: — The creft of Weare, three fifh embowed
and interlaced, in allufion to the name of the manor aflumed by the Trewens after the mar-
riage with Giffard. Two coats of arms over the fireplace in ftone, viz.: —

1. Fortefcue impaling Deynfell, Weare, and Fillegh; and

2. Fortefcue quartering the fame three coats.

Round the hall in oak panel are the following coats in order: —

1 Giffard. 2 Weare. 1 4

with heirefs of with heirefs of

Giffard. ;md

Giffard.

5 Weare 6 Deynfell 7 Deynfell, Wear, and Fillegh,

with heirefs of with heirefs of impaling Courtenay.

Fillegh. Weare and

Fillegh.

Martin alfo enjoyed, through his wife, the manfion of Buckland-Filleigh, lying high up
the valley of the Torridge, about twelve miles from Wear-Giffard, in a wooded, hilly
diftricl, the outfkirts of Dartmoor. He was the firft of his name who settled in North
Devon, all the feats of the Fortefcues being hitherto in the fouthern parts of the county.

He left iffue, two fons, John and William, and died on the Feaft of St. Martin, Novem-

1 Murray*! Handbook (or Devon and Cornwall, p. 1 3 1.

128

Family of Cajllehill.

ber 1 2th, 1472, as we learn from an inquifition poft mortem taken at Torrington on the
1 2th of May, in the next year.1

His widow married fecondly Sir Richard Pomeroy, whom me alfo outlived, Sir Richard
dying in 1498-99.2

John Fortefcue, eldeft fon of Martin, born in 1460, fucceeded, at her death, to his
mother's eftates of Wear-Giffard and Filleigh, now Caftlehill, and on the Chancellor's
death, to Ebrington in Gloucefterftiire, and to the manor of Combe, in Holbeton, in South
Devon. The former remains in the family as part of Earl Fortefcue's eftate ; and he
ftill receives a head-rent from Combe.

He married Jacoba , and died on the 2nd of June, 1 502, leaving his eldeft

fon George, who fucceeded him, and a fecond fon, Bartholomew. The fecond fon of
Martin Fortefcue was William, who inherited Buckland-Filleigh from his mother, and
founded that family, as well as its branch of Dromifkin and Ravenfdale.

John Fortefcue's eldeft fon George was born in 1484, being nineteen years old at his
father's death, as we learn from two poft-mortem inquifitions. It is ftrange that he mould
have been patted over without mention in all the numerous pedigrees of the family ; fuch
neverthelefs is the cafe. It muft therefore be alTumed that he died early without iffue, and
that his brother Bartholomew inherited his father's eftates foon after the death of the latter.

Bartholomew Fortefcue married Ellen, daughter of Maurice Moor, of Moorehayes, in
Collumpton, by Agnes, daughter of Sir Lewis Pollard, and had iffue, two fons, Richard his
fucceflbr, and Lewis, who died in 1595, having married Wilmot, daughter of Sir Roger
Giffard ; and four daughters, of whom Gertrude married Sir Bernard Drake 3 of Afti, and
died 1 60 1 ; and Mary married Robert Yeo of Heanton-Sackville, leaving iffue an heirefs,
who carried that eftate to Henry, third fon of John Rolle of Stevenftone. Bartholomew
Fortefcue died September 12th, 1557, at Wear-Giffard. Two poft-mortem inquifitions
held at Wells in Somerfetfhire, and in Exeter Caftle,4 find that at the time of his death he
was feized in Somerfet, of the manor of Corfcombe held of the king, and in Devon of the
manor of Wear-Giffard, held by military fervice of the co-heirs of Edward Earl of Devon ;
of Filleigh, Bralegh, Brodland, and Upcott, held of the fame lord ; of Eaft Buckland, &c,
&c, held of John Marrow, Efquire, by military fervice, and of Combe in Holbeton, Over-
combe, Nethercombe, Bettokefbridge, Effbrd, and Alfton, held of the heirs of Charles Duke
of Suffolk, by military fervice.

The above mentioned manor of Corfcombe, or Crofcombe, lies about two miles eaft of
Wells, at the foot of the Mendip Hills. In the church, which I vifited on the 21ft of

1 See the Appendix to this chapter.

2 Letter from J. B. Yonge, Efquire, of Puflinch, in Stemm. Fort., p. 1 17.

3 Stemm. Fort. 4 lnq. Poft Mort ^ 4 and 5 phn and Mary

Family of Cajllehill.

September, 1878, 1 obferved fome relics of the Fortefcues. A brafs chandelier hangs from the
roof of the nave with the words, " The gift of Hugh Fortefcue, Efq. anno 1707," infcribed
on it, and the Fortefcue arms are feen both on the north wall of the chancel, and on the
open-work fcrcen between the chancel and nave. Beneath one of the fhiclds in the former
pofition the date 1664 is vifible, and upon it Fortefcue impaled with a coat generally fup-
pofed to be that of Grenville. The height, however, at which the ftiields are placed pre-
vented an accurate decipherment.

The manor is faid by Collinfon to have been fold by Hugh Fortefcue, Earl Clinton, who
died in 175 1.1

Richard, the eldeft fon of Bartholomew Fortefcue, fucceeded to his father's eftates ; he
married Joan, daughter of — Moreton of Kent, and had iflue two fons, Hugh the eldeft, of
whom prefently, and George ; and two daughters. George, the fecond fon, received from
his father by conveyance in 1557 his lands in Colebrook and Bridgerfwell, and by his father's
will, dated March 28, 1570,'* he was left his "capital houfe of Combe in Holbeton alias
Holberton in the County of Devon, with appurtenances;" and afterwards his brother Hugh
gave him, by deed, in 1581, lands at Combe or Barrels-combe, in Holberton,3 " pro fraterno
amore, et condolentia." He married Joan, daughter of — Norlegh of Inwardlegh.

George Fortefcue is ftyled " of Combe," which he handed down to his descendants ; its
laft pofteflbr of the Fortefcues, excepting fo far as its head-rent is concerned, appears to
have been John Fortefcue, who made his will in Auguft, 17 18, proved October 17 of
that year, in which the only relatives mentioned are a filter Upton, and three coufms
Pollexfen.'1

Richard Fortefcue died in 1 570, and was buried in the church of Filleigh/' where there
is a good brafs to his memory. He is reprefented in armour, kneeling as in prayer, with
this infeription: —

" Here lyeth Rychard Fortefcue of Filleigh, Efquire, who died on the laft
"Day of June, in the yeare of oure Lorde God, 1570."

In the corners of the brafs there are two coats of arms :

1. Fortefcue quartering Denzille, Filleigh, and Weare.

2. Fortefcue with the quarterings, impaling Moreton.

Hugh, his fon and heir, fucceeded his father Richard ; he was born in 1544," married
Elizabeth, daughter of Sir John Chichefter of Ralegh, and fitter of Arthur Lord Chichefter,
Lord Deputy of Ireland ; and by her had two fons and four daughters. John, the eldeft

1 Collini'on's Hid. of Somerfet, vol. iii. p. 469. 7 Wills in Stcmm. Port.

3 Vongc in Stcmm. fort. 4 Wills, Ibid. J Stemm. Fort., with plate.

8 Inq. Poft Mort. on Richard Fortefcue, 12 Fliz.

i3o

Family of Cajllehill.

fori, who fucceeded ; Hugh, the fecond, married Elizabeth, daughter of Richard Coffin,
Efquire, of Portledge, and died without iflue in 1650; Hugh Fortefcue died Auguft i,
1600.

The eldeft fon, John, married Mary, daughter of Humfrey Speccot, of Speccot, in
Thornbury, leaving iflue Hugh, Robert, and Richard, and fix daughters. He died March
29, 1605. Hugh, his fon and heir, was born in 1592; married, in 1612, to Mary,
daughter of Robert Rolle, of Heanton-Sackville, anceftor of Lord Rolle, and died in
1661.

He erected, in the church of Wear-GifTard, a very large and elaborate monument to his
grandfather and grandmother, Hugh and Elizabeth, his father, John, and his mother,
Maria, with the following infcriptions : —

Memoriale Hugonis Fortefcue Arm. et Elizabethan ux : fil. Johis Chichefter
Eq. itemque Johis Fortefcue eorum fil. Arm : et Marias ux : fil. Humphredi
Speccot de Thornbury Arm : funt hi ab Johe Fortefcue Equite Duce Caftri de
Meaux in Gall, fub H. 5 10 oriundi qui pragfepia Fortefcutorum de Winfton
Devon, ortus. habuit fil. Johem. fummum Juftic : et Cancell. fub H. 6t0.
fepultum Ebertomas Gloceft1. familia quidem perantiqua et etiamnum felici

fobole propagata.

Sepulti funt Hugo Aug. 20. 1600. Elizabetha May 70. 1630.

Johes April 50. 1605. Maria April ii°. 1637.

Stay (Reader), ftay, this ftructure feems t'invite,
Thy wand'ring eyes on it to fix thy fighte ;
In this pile's fummitie thou may'ft defcrie
Heaven's all beholding and all guiding eye,
That fheds his benedictions gracious beames
Of Love and goodnefle on thefe fruitful ftreames
Of numerous Iflue ftrong from Nuptial tyes
With various ancient worthy families.
Here is in briefe prefented to thy view
The long-lined race of honoured Fortescue
Combined in holy rites on Time's fair fcrole
With Chichefter, then Speccot, laft with Rolle,
And long and wide may sacred Grace and Fame
Produce and propagate this generous name,
That it may brooke (what honour gave in field),
Le Fortescu the ftrong and lafting fhield,

Family of Caftlehill. 131

A fhield not only theyr own right to fence

But alfo to repell wrong's violence,

Which that it may accordingly be done

Pray (Reader) pray God be their sheild and sunne.

HUGO . FORTESCVE . SCVTIGER . SVPERSTES . VIR . MARIE .
ROLLE . ISTUC . FIERI . FECIT . HONORIS . CAVSA.

Hugh Fortefcue 1 had iflue an eldeft Ton, John, who died young. Colonel Robert
Fortefcue, the fecond fon, who fucceeded to the family eftates, was born in 16 17, married
flrft, Grace, daughter of Sir Bevil Grenville, of Stowe, by whom he had a daughter, Grace,
married to Sir Halfwell Tynte.

His fecond wife was Sufannah, daughter of Sir John Northcote, by whom he alfo had
one daughter, Elizabeth, married to George Horner, Efquire, and had iflue.

Colonel Fortefcue, by his will proved June 6, 1677,"' bequeaths "fifty or fixty pounds
to be employed by my truftees (Sir Halfwell Tynte and others), in the new polifhing and
adorning the monument in the Parifh Church of Ebrington, of Sir John Fortefcue, Knight,
fometime Lord Chancellor of England, my worthy and renowned anceftor." He muft have
died in the year 1675, becaufe, at the date of his will, in January of that year, his wife was
fuppofed to be with child, and was Mill fo fuppofed when her hufband died. The teftator
leaves all his eftates in Devon, Somerfet, Gloucefterihire, and Wiltftiire to his male iflue if
fuch fhould be born ; if no fon be born, then to his brothers Arthur, Edmund, and Samuel
fucceflively. There was no fon, and Arthur of Penwarne, the next brother, fucceeded. We
fhall return to him prefently. It may be obferved that the foregoing mention of eftates of
the Fortefcues in Wiltfhire is the firft fince the Chancellor's time, who acquired fome in that
county, probably thofe now referred to.

Edmund Fortefcue, fourth fon of Hugh by Mary Rolle, married Sarah, daughter and
heir of Henry Aland, of Waterford, Efq., and had two fons ; of whom the eldeft, Edmund,
of Speccot, died unmarried in 1704, having taken the additional name of Aland; and the
fecond fon, John, became Lord Fortefcue of Credan, and will be mentioned further on.
Hugh, fifth fon of Hugh and Mary, married a lady whofe name has not furvived, (butwho,
when a widow, married Thomas D'Oyley, Efq.,) and had a fon John. Jofeph, fixth fon of
Hugh by Mary Rolle, died without iflue. Samuel, their youngeft fon, was ftyled of Ckevt
or Clift, in the parifh of Weare-Giffard ; he married Mary Yeo, and left iflue, at his death
in 168 1, his eldeft fon John of Cleeve, who died in 1731 ;3 and three daughters, a fecond
fon, George, having died young before his father.

Sec the l'oft-Mortem Inquifition.

1 Stcmm. Fort.

J See Pedigree.

I32

Family of Cafilehill.

Of the four fifters of the feven brothers above recorded, Elizabeth married Sir George
Chudleigh of Afhton, Baronet. The names and marriages of the others will be found in the
Pedigree.

We now return to Arthur Fortefcue, fecond furviving fon of Hugh Fortefcue by Mary
Rolle. He was feated at Penwarne in Cornwall, during his elder brother's life. He married
Barbara, daughter of John Elford, of Shepfton, Efquire, and had iflue by her, four fons.
Hugh, the eldeft, of whom hereafter, John of Penwarne, fecond fon, ferved as High Sheriff
of Cornwall in the year 1741 ; married Amy, daughter of Sir Peter Fortefcue, of Wood,
Baronet,1 but had no iflue by her. Arthur of St. Endar, and of Penwarne, third fon,
married Dinah, daughter of John Yerman of Lamornan, in Cornwall,2 and had a fon, John
of Penwarne, who died in 1776; and Jofeph, fourth fon, Clerk of the Peace for the
County of Devon, for whofe marriage and iflue fee the Pedigree.

I do not know if any male reprefentative of the Penwarne family now exifts. In Exeter
Cathedral is a tablet to Matilda, widow of Vice- Admiral Peard, eldeft daughter of William
Fortefcue, Efquire, of Penwarne. She died in 1 847, aged fixty-two.

Hugh Fortefcue of Filleigh, eldeft fon of Arthur by Barbara Elford, married, firft,
Bridget, only daughter and heir of Hugh Bofcawen, Efquire, of Tregothnan, in Cornwall,
by his wife the Lady Margaret, fifth daughter of Theophilus Clinton, Earl of Lincoln ; by
whom he had, befides four fons who died in infancy or childhood, three fons and two
daughters, viz. the eldeft fon, Hugh, afterwards Earl Clinton, of whom hereafter ; fecond,
Bofcawen, born 1701, and died 17 1 9 ; third, Theophilus, born in 1707 — he ferved in Par-
liament for the borough of Barnftaple in the two fucceflive Parliaments which met in 1727
and 1734, and in 1741 was chofen a knight of the fhire for Devonfhire, and fo continued
until his death in March 1745.

The daughters were Margaret, born in 1693, and died in 1760, unmarried ; and Bridget,
born 1693, and died in 1743, alfo unmarried.

Mrs. Fortefcue died in 1708; and her hufband, Hugh Fortefcue, married fecondly,
Lucy, daughter to Matthew, firft Lord Aylmer; and by her, who died February 18, 1767,
aged eighty, had iflue, a fon Matthew, born 1 7 1 9, who became the fecond Lord Fortefcue
on the death of his half-brother the Earl Clinton ; and a daughter Lucy, born about 17 17,
who married, in 1742, George Lyttleton, afterwards firft Lord Lyttleton, diftinguifhed as an
hiftorian, poet, ftatefman, and Chriftian philofopher; with him fhe lived in a ftate of wedded
happinefs, which became almoft proverbial, founded upon the folid bafis of the virtues and
piety with which they were both endowed. This happy union, however, was fevered by
her death in childbed, in the year 1746. She left an only fon, Thomas, afterwards fecond
Lord Lyttleton, who, in his life and death, was a Angular and melancholy contraft to his

1 His Will.

2 Stem. Fort, for moft of this.

Family of Cajllehill.

i33

parents. It happens that defcriptions of the characters and laft moments of both father and
fon are in print ; the one in Johnfon's " Lives of the Poets," the other probably in feveral
works ; certainly in " Notes and Queries ; " and both will repay the trouble of
reference.1

The good Lucy Lyttleton was buried in the church of Over Arley in Worcefterfhire ;
but her monument is in that of Hagley in the fame county, with two infcriptions, in Englifh
and Latin, which, as they are not unworthy of the pen of her hufband, whom Johnfon has
admitted among the poets of England, it will be proper to infert here.

To the

Memory of Lucy Lyttleton,
Daughter of Hugh Fortefcue of Filleigh

In the County of Devon, Efq.,
Father to the prefent Earl of Clinton j
By Lucy his Wife,
The Daughter of Matthew Lord Aylmer,
Who departed this Life the 19th of Jan. 1746-7,
Aged twenty-nine,
Having employed the (hortTerm afligned to her here
In the uniform Practice of Religion and Virtue.

Made to engage all hearts and charm all eyes ;

Though meek, magnanimous ; though witty, wife ;

Polite as all her life in Courts had been ;

Yet good as Ihe the world had never feen ;

The noble fire of an exalted mind,

With gentleft female tendernefs combined ;

Her fpeech was the melodious voice of Love ;

Her fong the warbling of the vernal grove,

Her eloquence was fweeter than her fong,

Soft as her heart, and as her reafon ftrong.

Her form each beauty of her mind exprell,

Her mind was virtue by the Graces drelr.

1 Notes and Queries, 2nd Series, vols. v. and vi. Lord Littleton's other children by Mil* Fortefcue were
Lucy, married, in 1767, to Arthur Earl of Mount Norris, and Mary, who died an infant. Lord Lyttleton
married, as his lecond wife, Elizabeth, daughter of Sir Robert Rich, by whom he had no iflTue

i34

Family of CaftlehilL

M. s.

Lucije Lyttleton
Ex antiquiflimorum Fortefcutorum genere ortae ;

Quae annos nata viginti novem,
Formae eximiae, indolis optimae, ingenii maximi,
Supra aetatem et fexum exculti,
Sine fuperbia laude florens,
Morte immatura
Vitam pie, pudice, fanfte adtam
In tertio puerperio claufit,
Decimo nono die Januarii,
Anno Domini 1746-7.
Fleta etiam ab ignotis.
Uxori dile&iffimo
Quinquennio feliciffimo conjugii nondum abfoluto
Immenfi amoris ac defiderii hoc quale cunque monumentum
Pofuit Georgius Lyttleton,
Adhuc eheu ! fuperftes,
At in eodem fepulchro ipfe olim fepeliendus,
Et per Jefum Chriftum Salvatorem fuum,
Ad vitae melioris diuturniora gaudia
Lachrymis in aeternum abfterfis,
Se cum ilia refurredturum confidens.

Hugh Fortefcue of Filleigh fat in Parliament, from the year 1689 all through the reign
of William III., until the clofe of the Parliament elected in the feventh of Queen Anne in
1708 ; during that time he reprefented firft Tregony,1 then Grampound and Truro in fuc-
ceflion, then Tregony again, and finally St. Michael's. It is likely that fome at leaft of
thefe Cornim boroughs were under the influence of his wife's family the Bofcawens, whofe
heirefs me became.2 The following letter, dated at Tregothnan in 1693, from the Cornim
member to Robert Harley, afterwards the great minifter and Earl of Oxford, favours this
fuppofition. The term " brother " muft be there ufed to Harley as a member of a club,
of which the writer was alfo a member. There was a cuftom in the " October Club " and
others3 by which the members thus addrefled each other.

"Tregothnan, M'rch 8th, 93.

" Dear Brother,

« By yr votes I find you've fent for all ye members up to attend ye fervice of ye houfe.
I'm forry that tis almoft impoffible for me to come up, for my wife (who expected to have

1 Willis's Notitia Parliamentaria. 2 pjarl. MS., 7524, f. 66.

3 See Rofcoe's Life of Pope, i. p. 58.

Family of CaJllehilL 135

had a childe three weeks fince) houlds out yet, but tis judged by ye flcilfull that me will be
brought to bed in few days ; and is now very ill ; and you knowe t'will looke very unkind
to leave her at fuch a juncture, and may be ill refented by her neareft relations that I fhoud
doe fuch a thing; fo confequently be very prejuditiall to my intreft ; you knowe what I
meane; this therefore is to requeft ye favour of my D Bror Harley that he would ufe his
intreft. that I may be excufed : if you thinke it convenient to fpeake to him I'd afke ye fame
favour from Sr Chrifto. Mufgrave in particular ; wch will infinitely oblige

" Yr affectionate humble Ser'.

"J. Fortescue.'

" AdrefTed : For Robert Harley, Efqr.
" A Member of Parlm1.
" London."2

Hugh Fortefcue, whofe will is dated January 5, 1714* died in 17 19, and was
fucceeded by his eldeft fon, Hugh, born in 1695 ; who, in confequence of the death, without
iflue, of Edward, thirteenth Baron Clinton and fifth Earl of Lincoln, obtained that ancient
barony, which, on the 1 6th of March, 1721, was called out of the abeyance into which it had
fallen in the year 1692, by a writ of fummons to him as fourteenth baron, in right of his
mother Bridget Bofcawen, only child of Lady Margaret Clinton, youngeft daughter of
Theophilus, twelfth Baron Clinton and fourth Earl of Lincoln. Lord Clinton was appointed,
in 1 72 1, Lord Lieutenant and Cuftos Rotulorum of Devonfhire ; in 1723 he became a Lord
of the Bedchamber to King George I., and a Knight of the Bath in 17 25. In 1733 he
refigned his Lord Lieutenancy and place in the bedchamber; why he did fo does not appear.
Horace Walpole fays that " foon after he received the Order of the Bath he went into oppo-
fition, and left off his ribbon and ftar for one day, but thought better of it, and put them on
the next."'1 If the fame writer is correct, Lord Clinton was employed by the miniftry upon
fomc negotiation with France in 1744.

In 1746, July 5th, George II. created him Lord Fortefcue of Caftlehill, (with a fpecial
remainder of the barony to his half-brother Matthew,) and Earl Clinton. Lord Clinton
changed the name of his refidence from Filleigh, which it had fo long borne, to Caftlehill,
which it now bears; he alfo rebuilt the houfe about K.D. 1740. The firft Earl Fortefcue,
writing to Lyfons the topographer in January, [821, fays:4 "This houfe was fo entirely
altered infide and outfide by my uncle Lord Clinton (my father's half-brother), about eighty

1 I conclude that the copyift has written J. in place of H. for Hugh Fortefcue, who married Mifs Bofcawen
of Trcgothnan, and had a child born in 1693.

2 Afterwards Earl of Oxford. 1 Walpole';. Letters (Cunningham), vol. i. p. 298.
4 Lyfons's Topographical Collections, Add. MS. 9427, f. lbo (Brit. Mus.).

136 Family of C aft lehill.

years ago, that very little remains of the ancient houfe except its fite." The facfimile of
an old print included in this volume mows the appearance of the former manfion.

The Earl died May 3, 175 1, when that title became extinct, while his barony of Clinton
went to his fifter Margaret, who, however, does not feem to have affumed the title, and at
her death patted to Margaret Rolle, Countefs of Orford, grand-daughter of Lady Arabella
Clinton fecond daughter of Theophilus fourth Earl of Lincoln before mentioned.

Matthew Fortefcue of Filleigh, fon of Hugh by his fecond wife Lucy Aylmer, became,
on his brother's death, fecond Lord Fortefcue. He married, in June, 1752, Anne, daughter
of John Campbell, Efq., of Calder, in Scotland, and of Stackpole Court, in Pembrokefhire,
anceftor of Earl Cawdor, and had iffue by her three fons and two daughters ; Hugh, the
eldeft fon, who fucceeded his father; Matthew, the fecond fon, a captain in the Royal Navy,
born April 12th, 1754, married, firft, in May, 1778, Henrietta, daughter of Colonel Archer,
which lady died in 1794; fecondly, June 6th, 1795, Henrietta Anne, daughter of Sir
Richard Hoare, Baronet, and widow of Sir Thomas Acland, Baronet. Captain Fortefcue
had iflue by both wives, for which fee the Pedigree. He died in 1 842. John,1 the third
fon, born in 1733, died in 1755, unmarried.

The two daughters of Matthew, fecond Lord Fortefcue, were Anne Lucy, who died in
1 841, and Sophia, who died in 1833, both unmarried. Their father died in 1785, and was
fucceeded in his eftates and title by his eldeft fon, Hugh, born March 12, 1753.

He was elected Member of Parliament for Beaumaris at the general election of 1784,
but in July of the following year became by his father's death a member of the Houfe of
Peers. He was for fome years Lord Lieutenant and Cuftos Rotulorum of Devonfhire.
He married, on the 10th of May, 1782, Hefter, third daughter of the Right Honourable
George Grenville, and fifter of George, Marquis of Buckingham. On the 15th of Auguft,
1789, he was promoted in the Peerage, being created Vifcount Ebrington of Ebrington, in
Gloucefterfhire, the feat of his anceftor the Chancellor, and Earl Fortefcue. Lord Fortefcue
died at Caftlehill on the 22nd of June, 1841, at the venerable age of eighty-eight years,
during fifty-five of which he had been a member of the Houfe of Lords.

I find, in fome correfpondence between this nobleman and Mr. Lyfons the topographer,
the following paragraphs, which are interefting, as fhowing the numbers of the red deer on
Exmoor at that time. In anfwer to queries, Lord Fortefcue, writing from Caftlehill on the
2nd of December, 1821, fays: —

" The Stag-hunt comes very much within my knowledge, as I kept the hounds myfelf till within
thefe three years, and then fent them over to Mr. Lucas, of Brecondown, who keeps them by
fubfcription. The late Sir Thomas Acland and his father kept them before me, as did Mr. Baflett

1 Stemmata, and Lodge.

Family of Caftlehill. 137

after the late Sir Thomas Acland's death. They were formerly kept by Mr. Dykes, the father-in-law
of the firft Sir T. Acland.

" 1 generally killed about ten flags in the year, and about double the number of hinds."

And again, on the 1 2th of December : —

" I don't know that I can add anything to the details I gave you on the fubject of the Stag-hunt
in my laft. The deer are certainly found nocturnal, and inhabit the woods in this part of the country
fouth of Exmoor, and likewife thofe in the vicinity of Purbeck and Dulverton on the other fide of
Exmoor, which occafions their frequently leading us chafes acrofs the Foreft."

Earl Fortefcue left iflue three fons and fix daughters : firft, Hugh, fecond Earl ; fecond,
George Matthew, of Boconnoc in Cornwall, and of Dropmore, in Buckinghamfhire, born
May 21, 1 79 1, married, February 19, 1833, Lady Louifa Elizabeth Ryder, fifth daughter
of the firft Earl of Harrowby, and had iflue four fons, viz.: George Grenville, born January
2, 1835, died from the effects of an accident November 2, 1856; Hugh Granville, of the
Coldftream Guards, born May 2, 1838, died November 19, 1875 ; Cyril Dudley, of the
Coldftream Guards, born September 19, 1847; Jonn Bevill, born November I, 1850; and
four daughters, viz. : Louifa Sufan Anne, born November 14, 1833, died March 30, 1864,
having married June 25, 1863, William Weftby Moore, Esq., fecond fon of the Right
Honourable Richard Moore, Judge of the Queen's Bench in Ireland; Harriet Eleanor,
born Auguft 19, 1836, married March 29, 1864, Rear-Admiral Auguftus Phillimore, R.N. ;
Mary, born March 7, 1840; Elizabeth Frances, born September 17, 1843. The Honour-
able George Matthew Fortefcue died at Boconnoc on the 14th of January, 1877, aged 85
years. This gentleman, who was much and defervedly refpected, inherited the eftates of
his uncle, Lord Grenville, at Dropmore and elfewhere, upon the death, on the 13th of June,
1864, of Lady Grenville, the widow of that nobleman; and by the fame event Mr. Fortefcue
fucceeded to Boconnoc and the other eftates of Lady Grenville which fhe had derived from
her brother Thomas Pitt, fecond and laft Lord Camelford ; 1 John, the third fon of the firft
Earl, born May 5, 1796, Canon and Prebendary of Worccfter Cathedral and Rector of
Poltimore, married, in 1842, Sophia, daughter of the late Rev. Henry Neville, Rector of
Cottefmore, Rutland, and had iffue : 1 Canon Fortefcue, who furvived his wife by only a few
days (fhe having died December 29, 1868), died January 3, 1869, and was buried in the
cloiftcrs of Worccfter Cathedral in the fame grave as that which had received the body of
his wife only the day before his death.

The daughters of the firft Earl Fortefcue were : firft, Hefter, born December 17, 1784,
married, May 20, 1804, to Peter, feventh Lord King, died December, 1873 ; 2nd, Katherine,
born 30th Auguft, 1786, married, June 24, 1820, to the Honourable Newton FeNowes,
afterwards fourth Earl of Portfmouth, died April 17, 1854; third, Anne, born 3rd October,

Sec the Pedigree.

2 Sec the Pedigree.

I38 Family of CaJllehilL

1787, married, in 18 14, to George Wilbraham, Efq., of Delamere Lodge, Chefhire, died
February 28, 1864; fourth, Mary, born 15th September, 1792, married, 5th February,
1823, to Sir James Hamlyn Williams, Baronet, deceafed ; fifth, Eleanor, born 2nd April,
1798, died Auguft 12, 1874; fixth, Elizabeth, born 10th July, 1801, married, 27th Decem-
ber, 1830, to Vifcount Courtenay, now 12th Earl of Devon, and died January 27, 1867.

Hugh, Vifcount Ebrington and fecond Earl Fortefcue, was born February 13, 1783.
He was educated at Eton, and at Brafenofe College, Oxford. In 1804 he was firft returned
to the Houfe of Commons, being elected for Barnftaple. In December, 18 14, when
travelling on the Continent but lately opened to the Englifh, he proceeded to Elba, where
the great Napoleon was then in banifhment, and was fortunate in being invited on two
occafions to a private interview and dinner, an account of which he afterwards publifhed.
The freedom with which the ex-Emperor difcufled many adlions of his career makes the
narrative unufually interefting. From 1820 to 1831 Lord Ebrington fat for Taviftock,
and in the latter year he was chofen Knight of the Shire for the northern divifion of
Devonfhire, which he continued to reprefent until he was appointed Lord Lieutenant of
Ireland, on which occafion he was called up to the Houfe of Lords, in his father's barony
of Fortefcue. He' held the high office of Lord Lieutenant until Sir Robert Peel's acceffion
to office in 1841.

In May of that year his father the firft Earl died, and Lord Ebrington became fecond
Earl Fortefcue. From 1846 to 1850 he was Lord Steward of the Queen's Houfehold. He
was a Knight of the Garter, Lord Lieutenant and Vice- Admiral of Devonfhire, and Colonel
of the firft Devon militia.

He married, firft, on the 4th July, 18 17, Lady Sufan Ryder, daughter of the firft Earl
of Harrowby, by whom, who died July 30, 1827, he had ifTue, ift, Hugh, the prefent Earl,
born April 4, 1818; 2nd, John William, born 1819, M.P. for Barnftaple, Lieut.-Colonel
of the Eaft Devon Militia, died at Madeira in 1859 ; 3rd, Dudley Francis, born in 1820,
M.P. for Andover, married, in 1852, Lady Camilla Eleanor Fellowes, daughter of the
4th Earl of Portfmouth.

He married, 2ndly, in 1841, Elizabeth, daughter of Piers Geale, Efq., and widow of Sir
Marcus Somerville, Bart. By this lady, who furvives him, he had no ifTue. He died at
Exeter, 14th September, 1861, aged 78 years.

Lord Fortefcue was a perfon of confiderable abilities, with a refined and accomplifhed
mind. He was a confident and moft upright politician, held in high refpect as well by
opponents as by friends ; while as a refident landlord and country gentleman he deferved
and enjoyed the efteem of all.

It may be truly faid here that in the Fortefcue family, which has flouriftied through fo
many generations, few have been more diftinguifhed, and none more worthy than the late
Earl Fortefcue. A ftatue to his memory ftands in the Caftle yard at Exeter with this

Family of Cajllehill.

J39

infcription: " This memorial, marking the love of friends and the refpect of all, was erected
1863."

Hugh, Vifcount Ebrington fucceeded as third Earl on the death of his father. He fat
in the Houfe of Commons for Plymouth from 1841 to 1852. He was a Lord of the
Treafury in 1846 and 1847, and Secretary to the Poor Law Board from 1847 to 1851.
In 1854 he again became a member of the fame Houfe, fitting for Marylebone from 1854
to 1859, anc* m December of the latter year he was fummoned to the Houfe of Lords in
his father's barony.

He married, in 1847, on tne 1 Ifh or* March, Georgina Augufta, eldeft daughter of the
Right Hon. Lieutenant-Colonel G. L. Dawfon-Damer, uncle of the prefent Earl of Portar-
lington, and by that lady, who died on the 8th of December, 1866, he has iflue feven fons
and feven daughters : r, Hugh, Vifcount Ebrington, born 1 6th April, 1854; 2. Seymour
John, born February, 1856 ; 3. Lionel Henry Dudley, born November, 1857 ; 4. Arthur
Grenville, born December, 1858; 5. John William, born December, 1859; 6. Charles
Grenville, born October, 1861 ; 7. William George Damcr. The daughters are: 1. Sufun
Elizabeth, born September, 1848 ; 2. Mary Eleanor, born October, 1849 ; 3. Lucy Cathe-
rine, born March, 1851, married, Auguft 3, 1874, to Sir Michael Edward Hicks-Beach,
Bart., M.P. for Eaft Gloucefterfture, and Secretary of State for the Colonies ; 4. Georgiana
Seymour, born June, 1852, married, September 26, 1877, to Lord Erneft Seymour, 3rd fon
of the 5th Marquis of Hertford; 5. Eleanor Hefter, born December, 1862, died Septem-
ber, 1864 ; 6. Alice Sophia, born June, 1864 ; 7. Frances Blanche, born Auguft, 1865.

There is a branch of the Caftlehill family, of which, becaufe of the diftinction attained by
one of its members, it will be proper to give a particular account.

Lord Fortescue of Credan.

Hugh Fortefcue, of Filleigh, who married, in 16 12, Mary Rolle, of Hcanton-Sack-
ville, had, as we have already mentioned, a third furviving fon, Edmund, ftyled "of
London," who married Sarah, eldeft daughter of Henry Aland, of Watcrford, Efq. This
lady became, by the death, without iflue, of her only brother Henry, in the year 1683, the
pofTeflbr of the eftates of her family in Ireland. By her Edmund Fortefcue had three fons :
I. Edmund, who took the additional name of Aland; he refided at Speccot, and died
unmarried in 1704; 2. John, afterwards Lord Fortefcue of Credan; and, 3. Henry, born
1678, and died unmarried, in 1702.

Edmund Fortefcue died in 168 1. He had purchafed, in 1670, the manor of Bierton 1
in Aylefbury Hundred in Bucks, which defcended to his fons and grandfon.

Lipfcomb's Buck., ii. IOO.

140

Family of Cafilehill.

John, his fecond fon, fucceeding to his mother's property on the death of his elder
brother, took her name after his own. He was born March 7th, 1670. In 1688 he
entered the Middle Temple, but afterwards removed to the Inner Temple, of which he
was chofen Reader in 1716.1 He was returned to Parliament as member for Midhurft in
the firft Parliament of George I.s but foon left the Houfe of Commons for the Bench. On
October the 22nd, 17 14, two months after the acceffion of George I., he was appointed
Solicitor-General to the Prince of Wales, afterwards George II.; and on December 21,
17 1 5,2 he became, on the refignation of Sir Nicholas Lechmere, Solicitor-General to George I.
This place he held only until the beginning of 1 717, being, on the 24th of January in that
year, raifed to a feat on the Bench as a Baron of the Exchequer, upon the death of Sir Samuel
Dodd, and knighted.4 On May 19, 17 18,3 he was removed to the Court of King's Bench,
and continued one of its judges until the acceffion of George II. On the nth of June,
1727, he was fuperfeded, but fpeedily reftored to the office of judge, becoming, on January
28, 1 728/ a Juftice of the Common Pleas ; thus going through the three courts of law. In
this laft he may be faid to have fpent the remainder of his life, continuing to difcharge his
duties until Trinity Term of 1746, when, being now old, and fo infirm as to be unable,
even in fummer, to go circuit, he refigned. Fofs informs us that four years earlier he
had afked for his retiring penfion, and wifhed to become again a member of Parliament.
In Auguft following he was, by patent dated the 15th Auguft, 1746, " in confideration of
his merits and fervices," created a Peer of Ireland, with the title of Baron Fortefcue of
Credan, the name of a headland on the eaftern more of Waterford harbour, and forming part
of the Aland eftates, which included feveral townlands in that portion of Waterford county.
Some fuch diftinclive addition was called for by the creation, only a month before, of Earl
Clinton as Baron Fortefcue, with remainder to his half-brother, as we have feen.

Lord Fortefcue did not long furvive his retirement, dying on the 19th of December,
1746, aged 76 years.

By his will, dated 29th September, 1746,5 he names "his kinfman, William Fortefcue,
Mafter of the Rolls, as one of his Truftees and Exors," with " his trufty friend, Dormer
Parkhurft, of Hawk Hall, Staffbrdftiire, and his dear wife Elizabeth." He leaves his
eftates of Knollefhill and Lambourne to his fon Dormer for life, with remainder to Lord
Clinton (Hugh Fortefcue), and 50/. to the poor of South Molton, and the fame fum to the
poor of Bideford. The Mafter of the Rolls was a diftant kinfman ; but as they were quite
contemporary in their career, fitting, indeed, for a time as judges in the fame court, they
probably were intimate friends.

The following anecdote has been preferved in the " Conveyancer's Guide " : —

1 Fofs, Judges, viii. 99. * Collins' Peerage fays 1716. 3 Beatfon, Polit. Index, ii. 313.

4 Chalmers, Biog. Dicl 5 Stem. Fort., p. 105.

Fa?niiy of Caftlehill.

141

" The Baron had one of the ftrangeft nofes ever feen ; its fhape refembled much the
trunk of an elephant, 1 Brother, brother,' faid the Baron to the counfcl, ' you are handling
the cafe in a very lame manner.' ' Oh no, my Lord,' was the reply. ' Have patience with
me, and I will make it as plain as the nofe in your Lordfhip's face.' " 1 I have fomewhere
met with a different verfion of this ftory, where a very obfcure cafe was faid by the counfel
"to be as plain as the nofe on the judge's face" — a reading which his portraits favour rather
than the other.

Lord Fortefcue left behind him a very refpedable reputation as an excellent lawyer and
an able and upright judge. His judgments are on record in the Report books of the
time. Fofs gives this example of his " manner on the bench," from a cafe called " Bentley's
cafe." " The laws of God and man," he faid, " both give the party an opportunity to make
his defence, if he has any. I remember to have heard it obferved by a very learned man,
that even God himfelf did not pafs fentence upon Adam before he was called to make his
defence. ( Adam (fays God), where art thou ? Haft thou not eaten of the tree whereof
I commanded thee that thou ftiouldeft not eat ? ' and the fame queftion was put to
Eve alfo."

He was, moreover, very learned in the Saxon language and literature, and has left behind
fome refults of his ftudies in the Prefaces to both his works, where he infifts on the impor-
tance of a knowledge of the laws and cuftoms of our Saxon forefathers to all who ftudy the
conftitution of England. He had a deep and deferved veneration for his anceftor the
Chancellor, whofe tone and ftyle he copies when treating of the excellence of the legal inftitu-
tions of this country, as compared with thofe of other nations.

Some authorities fay, I do not know on what grounds, that Lord Fortefcue was educated
at Oxford. His name occurs in the lift of Oxford graduates only as a D.C.L. by diploma,
dated May 4, 1733, without the mention of a college; and it will be feen in that document,
given at the end of this chapter, that there is no reference to his being previoufly a member
of the Univerfity. The language of the diploma is, as ufual, highly complimentary. After
likening him to his great anceftor in talents, learning, love of his country, and loyalty to his
king, the chancellor, mafters, and fcholars go on to acknowledge fome fpecial fervice which,
by a decifion in its favour, he rendered to the Univerfity, in thefe words: "Ut dum Ampli-
tudini et Privilegiorum Incolumitate fua,* Curia: prudenter confulit, idem, pro fingulari fua
moderatione et Abftinentia, Jura concefla Noftra Nobis non invideat."

He was a Fellow of the Royal Society.

His works are — a Preface and Notes to the Treatife " On Abfolute and Limited
Monarchy, by Chancellor Fortefcue," which he edited, and printed for the firft time, (this

1 Conveyancer's Guide, p. 107, quoted by Fofs, from whole " Lives of the Judges " much of the foregoing
information is derived.

j 42 Family of CaJllehilL

volume was publifhed in London in 17 14, and a fecond edition in 17 19); and "Reports on
Seleft Cafes in all the Courts of Weftminfter Hall," with a long and learned preface, in one
volume folio, publifhed by Lintot in the Savoy, in 1748. Lord Fortefcue here gives his
opinion at length upon a queftion referred by King George I. to twelve judges, as to
his right to the guardianfhip of his grandchildren, the children of George, Prince of Wales.
This was called, " The Grand Opinion for the Prerogative." As the junior, he is the firft
to deliver his judgment. He decides for the king, although, as he himfelf obferves, "he had
been Solicitor-General to the Prince of Wales, and one of the firft officers in his fervice." In
this he is followed by the majority, the numbers being 10 to 2. Poflibly this decifion may-
account for Lord Fortefcue's difmilTal from the Bench when the prince became George II.,
a fuppofition, however, not very favourable to that king, as, if true, he muft have kept up
his refentment for thirteen years. He was, neverthelefs, fatisfied by a not very fevere punifh-
ment, as the fuperfeded judge was foon reftored.

It may be remarked that his appointment as baron bears date the very fame day as that
on which the judges met for the fecond time on the foregoing queftion ; they had met firft,
two days before, on the 22nd of January.

I find by a reference to the MS. correfpondence of Mr. Francis Gregor, the editor and
tranflator of Be Laudibus Legum Anglic, kindly allowed by the prefent owner of Trewarthen-
nick, that Lord Fortefcue was frequently confulted by him, and that he fuggefted to Mr.
Gregor feveral alterations and emendations. This correfpondence bears dates of the years
1731 to 1737.

He married twice, each time into families of diftinguifhed lawyers. His firft wife was
Grace, daughter of Lord Chief Juftice Pratt, great-great-grandfather of the prefent Marquis
of Camden. By her he had two fons and one daughter,1 who all died before their father.
The eldeft fon, John, was born in 1722. He was called to the bar, but died at the age of
thirty-one, at Tours, in France, December 9th, 1743, as recorded by an infcription over his
grave in the church of Stapleford-Abbots, now paved over, which goes on to fay that "he
was brought over thither out of a Popifh country for a decent Proteftant burial."

Lord Fortefcue married a fecond wife on the 29th of December, 1721, viz. Elizabeth,
daughter of Mr. Juftice Dormer, a Judge of the King's Bench, and formerly, in 1701,
member of Parliament for the County of Bucks, who afterwards fucceeded to the eftates of
his nephew, Sir William Dormer ; and Lady Fortefcue of Credan then became a co-heir
to her father ; and thus her fon, the fecond lord, for a time pofTefTed part of the Dormer
eftate in Buckinghamshire, namely, the Manor of Lee Grange, until he loft it by the fuit of
a male relation of Judge Dormer's.2

By Mifs Dormer, Lord Fortefcue had an only fon, Dormer, born in 1722. She died in

See Monument in Stapleford Church.

2 Lipfcomb's Bucks, vol. i. 415.

jqmm wmsT lbwb mmesotie m cwebam

ji Jitstic& erf the, Court of Commx/ru Fleas.
Died, A D. 1746.

Family of Caftlehill.

>43

April, 1748, furviving her hufband one year and four months, and was buried by his fide in
the chancel of Stapleford-Abbots' church.

The old Judge had, many years before his death, eftablifhed himfelf in Efiex. He
bought from the Barefoot Family the Manor of Lambourn, in the parifh of that name, and
Hundred of Ongar ; and afterwards, in the neighbouring parifh of Stapleford-Abbots, the
manfion of Knowles, or Knollfhill, formerly the feat of Henry Spicer, Bifhop of Norwich.
This houfe, with its grounds, he, "by feveral improvements, rendered a delightful place,"
fays Morant.1 It flood on a high ground about a mile from Stapleford church, overlooking
the narrow remnant of Hainhault Foreft, which in the Judge's time fpread far around.
The original manfion is fuppofed to have been built in the fixteenth century. Wright, in
his hiftory of EfTex, mentions that the ornaments of wood, and the date 1 571, lead to that
conclufion. He adds, "there are alfo feveral Proverbs and moral fentences on panels near
the ceiling (in one of the rooms), and well-executed portraits of the Family of Fortefcue have
been preferved." Soon after the death of the fecond and laft lord, Knollfhill was fold, in
1782, to the Rev. Edward Lockwood, whofe descendants became Lockwood-Percival, and
it now (in 1865) 's tnc property of Colonel Mark Wood.

It is now many years fince the greater part of the manfion was pulled down, the
remainder being ufed as a farm-houfe. This, too, including the old room juft mentioned,
was lately (about 1861 or 1862) demolifhed, and the pictures difperfed by auction in
1 8 6 j . Three of them, namely, a good portrait in the ftyle of Sir Godfrey Kncller, of
Dormer, fecond Lord Fortefcue, a portrait of the firfr lord, and one of Lady Fortefcue,
his fecond wife, I have been enabled to obtain from their purchafers in the neigh-
bourhood.

The lafl traces of the houfe have now difappeared. In May, 1 864, while I was on the
fpot, workmen were employed in taking up the brick foundations, of which a few ftill
remained clofe to the new brick farm-houfe.

From thence, on the occafion mentioned, I went about half a mile down a ftecp waggon-
track through the patch of foreft below Knollfhill, where, in the valley half-way to the
oppofite height on which the church ftands, is an old charity fchool houfe. I Iere the maftcr
receives 25/. yearly from the endowment. His fcholars confifled of about thirty boys-
Over the door of the houfe is the following infeription: —

" Glory to God.

Knolls-Hill Free School for teaching poor children to read and write, erected and endowed
at the fole expenfe of Sir John Fortefcue of Knoll-Hill, in this parifh, Knight, formerly
Solicitor-General to King George II., fometime Baron of the Exchequer, afterwards a Judge

1 Morant's Eflcx, i. 172.

144

Family of Cajllehill.

of the Common Pleas, Doctor of Laws, and Fellow of the Royal Society, in the year of our
Lord Chrift, 1734, in the reign of the fame mod excellent Prince."

Dormer, the fecond Lord, never married. He died in 178 1, and was buried with his
parents in Stapleford church. On the north wall of the porch there is a fmall tablet, with
the following infcription : —

" Near this place are depofited the mortal remains of the Right HonbIe. Dormer For-
tefcue-Aland, Baron Fortefcue of the Kingdom of Ireland, who departed this life on the 9th
day of March, 178 1, in the 59th year of his age.

" His Lordfhip was the only fon of Sir John Fortefcue- Aland, Lord Fortefcue of Credan,
fome time one of the Juftices of the Court of Common Pleas, by Elizabeth, his fecond wife,
daughter of Robert Dormer, Efquire, one of the Juftices of the Court of King's Bench.
John, Lord Fortefcue, died in December, 1746, and Elizabeth, Lady Fortefcue, his wife, in
April, 1748, and their remains are buried in this church.

tc The firft wife of the faid John, Lord Fortefcue, was Grace, daughter of the late Lord
Chief-Juftice Pratt, and by her he had two fons and a daughter, who all died before their
father."

The eftates of Lord Fortefcue of Credan pa/Ted, under the will of the firft Lord, to the
heir of Earl Clinton, who was Lord Fortefcue of Caftlehill ; and the Aland property is ftill
pofTefTed by the prefent Earl Fortefcue, as he has informed me.1

Appendix to Chap. IX.
A.

Inquifition upon the Death of Martin Fortefcue.

Inquifition poft mortem, 12 Edw. IV. N°. 39. May 12th, 1472.

Inquisicio capta apud Toryngton magna in Comitatu predi&o duodecimo die Maii Anno Regni Regis
Edwardi quarti duodecimo, coram Johanne Perpons Efcaetore ditSli domini Regis in Comitatu pre-
dict, virtute brevis ejufdem domini Regis eidem Efcaetori directi et huic Inquifitioni confuti per
facramentum Humfridi Courtenay armigeri, Roberti Budokyfhyde arm. Johannis Speccote, armigeri,
Willelmi Merwode, Ricardi Spenfer, Thome Broune, Henrici Southcote, Willelmi Yeo de Atte-
worthy, Johannis Colvine, Johannis Paflew, Willelmi Cruys, Walteri Bruggeman et Johannis
Stephen, Qui dicunt fuper facramentum fuum quod Johannes Fortefcue miles et Ifabellauxor ejus fuerunt
feifiti de manerio de Combe cum pertinentiis et quatuor mefuagiis, uno columbario, tribus gardinis, fex
F erlingis terre quinque acris prati, duodecimo acris bofci et viginta et feptem folidatis et ofto denariis
redditus et redditu unius cere de cera precii duodecim denariorum et unius libra cere cum pertinentiis

1 Letter from Lord Fortefcue, Nov. 6, 1865.

in Holbeton, Overcombe, Nythercombe, Battok-kyfbourgh, Efford et Alfton in Comitatu predicto,
videlicet, idem Johannes Forte/cue in dominico fuo ut de feodo et eadem Ifabella ad terminum vite fue.
Et fic inde feifitus per quandam finem in Curia Henrici fexti nuper de facto et non de jure Regis
Anglie, anno regni fui tricefimo quarto coram Johanne Pryfott et fociis fuis Jufticiariis ejufdem Regis
de Banco et aliis tunc ibi prefentibus de eifdem manerio tenemento et redditu inter Martinum Forte/cue
et Elizabetbam uxorem ejus querentes, et dictos Jobannem Fortefcue milite et Ifabellam uxorem ejus
deforcientes levatam, idem Johannes Fortefcue idem Johannes Fortefcue et ljabella concefterunt predicts
Martina et Elizabethe predictum manerium, tenementum et redditum, cum pertinentiis, et ilia eis
reddiderunt in eadem Curia, habendum et tenendum eifdem Martino et Elizabethe abfque impeticione
vafti de eifdem Johanne Fortefcu et Ifabella et heredibus ipfius Johannis tota vita ipfius Elizabethe.
Reddendo inde per annum unam rofam ad feftum Nativitatis Sancti Johannis Baptiftc pro omni fervicio
confuetudine et exaccione ad predictos Jobannem et Ifabellam et heredibus ipfius Johannis pertinentibus.
Et poft deceflum ipfius Elizabethe predictum manerium, tenementum et redditus cum pertinentiis
integre remaneant predicto Martino et heredibus quos idem Martinus de corpore predicte Elizabethe
procreaverit. Tenendum de prefatis Johanne Fortefcue et Ifabella et heredibus ipfius Johannis per
predictum fervicium ficut predictum eft imperpetuum. Et fi contingat quod idem Martinus obierit
fine heredibus de corpore predicte Elizabethe procreatis tunc poft deceflum ipfius Martini predictum
manerium, tenementum et redditus cum pertinentiis integre rcvertcntur ad predictos Jobannem et
Ifabellam et heredes ipfius Johannis Fortefcu imperpetuum, virtutc cujus finis iidem Martinus et
Elizabetba ut in jure ejufdem Elizabethe fuerunt inde feiiiti in dominico fuo ut de libcro tenemento.
Et poftea dicta Ifabella obiit. Et eciam dicunt quod eadem manerium tenemento et redditus tenentur
de predicto Johanne Forte/cu milite per fidelitatcm et redditum dicte Rofe pro omnibus ferviciis et
demandis. Et ulterius dicunt quod iidem Martinus et Elizabetba feifiti fuerunt ut in jure ejufdem
Elizabethe in dominico fuo ut de feodo de manerio de Weregyftard ac de advocacione ecclcfie Sancte
Trinitatis de Weregyftard cidem manerio pertinente. Et de manerio de Eltbokelond ac de advocacione
ccclefie Sancti Michaelis Archangeli eidem manerio pertinente. Et de manerio de Killcgh ac de advo-
cacione ccclefic beate Marie eidem manerio pertinente. Et de maneriis de Lamertone, Bokclond
Eillegh et Brodebray. Ac de duabus mefuagiis et centum acris terrc cum pertinentiis in Hertelegh.
Et de tribus mefuagiis et ducentis acris terrc cum pertinentiis vocatis Londefyende juxta Criditon. Et
de quatuor mefuagiis et tricentum acris terre cum pertinentiis in Bredewicke yerde et Fen. Et de
duabus mefuagiis et fexaginta acris terre cum pertinentiis in Bredcwike yerde et Mukford. Et
ulterius dicunt quod didtum manerium de Wercgiftard tenctur de Georgio Duce Clarencie per fideli-
tatcm pro omnibus ferviciis. Et quod idem manerium valet per annum in omnibus exitibus fuis ultra
reprifas xx1'. Et quod dicta advocacio ccclefie de Wercgiftard prcdicta nichil valet per annum ultra
reprifas. Et quod dictum manerium de Ertbokcland cum fuis pertinentiis tenctur de Anna, Ducifl'a
Exonie per fervicium militare. Et quod idem manerium valet per annum in omnibus exitibus fuis
ultra reprifas C\ Et quod dida advocacio ecclefic de Eftbokelond predida nichil valet per annum
ultra reprifas. Et quod dictum manerium de Fillegh cum fuis pertinentiis tenctur de dido Georgio,
Duce Clarencie ut de honore fuo de Okchampton per fervicium militare. Et quod idem manerium
valet per annum in omnibus exitibus fuis ultra reprifas x1'. Et quod dicta advocacio ccclefie de Fillegh
predida nichil per annum ultra reprifas. Et quod dictum manerium de Lamerton tenetur de dido
Georgio Duce Clarencie ut de honore fuo de Plympton per fidelitatem pro omnibus ferviciis. Etquod
idem manerium valet per annum in omnibus exitibus fuis ultra reprifas xx'1. Etquoddidum manerium

146

Family of CafilehilL

de Bokelond Fillegh ac di&ae terrae et tenementa in Hertlegh tenentur de di£ta Ducifla Exonieper fer-
vicium militare. Et quod idem manerium terre et tenementa valent per annum in omnibus exitibus
fuis ultra reprifas xu. Et quod diclum manerium de Brodebray tenetur de Fulcone Fitz-Waren per
fidelitatem pro omnibus ferviciis. Et quod idem manerium valet per annum in omnibus exitibus
fuis ultra reprifas x". Et quod di£te terre et tenementa vocate Londefyende tenentur de Johanne
Arundell milite per fidelitatem pro omnibus ferviciis. Et quod valent per annum in omnibus exitibus
fuis ultra reprifas iiij". Et quod di£te terre et tenementa in Bredewike yerde et Fen tenentur de
Johanne Cholewill per fervicium militare. Et quod valent per annum in omnibus exitibus fuis ultra
reprifas iiij''. Et quod di£te terre et tenementa in Mukford tenentur de eodem Johanne Cholewill
per fidelitatem pro omnibus ferviciis. Et quod valent per annum in omnibus exitibus fuis ultra reprifas
xls. Et ulterius dicunt quod idem Martinus nulla alia neque plurima terras feu tenementa tenuit de
di<5to domino Rege nunc nec de aliquo alio in dominico neque in fervicio in Comitatu predicto die quo
obiit. Et quod idem Martinus obiit in fefto Santti Martini in Yeme ultimo preterito et diSia EU%abetha
eum fupervixit et ad hue fuperjiites eft et feifitam exiftit de omnibus maneriis, mefuagiis, terris, tene-
mentis redditibus et advocationibus predicts cum fuis pertinentiis in forma predi&a. Et quod quidem
Johannes Fortefcu eft filius et heres diSti Martini propinquior. Et eft etatis duodecim Annorum et
Amplius. In cujus rei teftimonium Juratores predi&i prefentibus figilla fua appofuerunt.

Lord Forte/cue of Credans Diploma of D.C.L. Oxford.

Cancellarius, Magiftri et Scholares Univerfitatis Oxon. omnibus ad quos prefentes literae per-
venerint Salutem in Domino Sempiternam. Cum eum in finem Gradus Academici a Majoribus
noftris prudenter inftituti fuerint, ut viri de Academica, de Ecclefia, de Principe, de Republica optime
meriti, feu in gremio Noftrae Matris educati, feu aliunde bonarum artium Difciplinis eruditi, litis
Infignibus a Literatorum vulgo fecernerentur ; fciatis quod Nos, ea fold qua poftumus via., Gradu
Do£toris in Jure Civili libenter ftudiofequ ; conceflb, teftamur quanti facimus Johannem Fortefcue
Militem e Curia Communium Placitorum Jufticiarium Juris-peritiffimum, mira femper in has
Mufarum fedes benevolentia propendentem, nec minorem inde reportantem ; Virum perantiqua Illius
Johannis Fortefcue Militis, qui regnante Henrico Sexto, Summi Jufticiarii Officium, tanta cum
dignitate per viginti annos implevit, ftirpe ortum ; et quod pluris aeftimamus, ad Magni fui AntecefTbris
exemplum fe feliciter ubique componentem, five cum eo in fcriptis Leges Angliae eleganter collaudit,
five Monarchiam juftis limitibus conclufam Abfolutae praeponat, five iis artibus qua optimum quemque
ornant Judicem, audiendi lenitate, explicandi fcientia, aequalitate decernendi mirifice excellat ; Virum
quern pari cum fit induftria, pari exercitatione, pari ingenio uberiori fortafle Do£trina locupletato,
pari erga Patriam amore, erga Principem fide parem etiam Honoris gradum confecuturum non
dubitamus ; Virum denique cui non fatis efle videtur, relidtam a Majoribus gloriam, et Domefticam
laudem tueri, nifi et hoc proprium fuae Familiae Decus aftruat, ut dum Amplitudini, et Privilegiorum
Incolumnitati fuae Curiae prudenter confulit, idem pro fingulari fua moderatione et Abftinentia, Jura
concefla Noftrae Nobis non invideat.

Family of Cajllehill.

*47

Idcirco in Solenni Convocatione Dodtorum, Magiftrorum Regentium, et non Regentium quarto
die Menfis Maii Anno Domini Millefimo Septintengefimo tricefimo tertio habita, confpirantibus
omnium fuffragiis, Eundem Honorabilem et Egregium Virum Johannem I ortefcue Militem Do&orem
in Jure Civili creavimus et conftituimus ; Eumque virtute praefentis Diplomatis Singulis Juribus,
Privilegiis et Honoribus Gradui ifti qua qua pertinentibus Honoris Caufa, frui et gaudere juflimus.

In cujus rei teftimonium Sigillum Univerfitatis Oxon', commune quo hac in parte utimur, prae-
fentibus apponi fecimus.

Dat' in Domo Noftrae Convocationis Anno Dn' die et Menfe praedict.'

«48

Family of Buckland-Filleigh.

Chap. X.

The Forte/cues of Buckland-Filleigh.

AVING in the foregoing pages traced the pofterity of the Chancellor through his
eldeft grandfon, John Fortefcue, we fhall now go back to his younger grandfon,
William, fecond fon of Martin, to follow the fortunes of that branch, which,
although extindt in the male line as to its main ftera, is continued, certainly by the junior
branch of which the writer of thefe memoirs is the reprefentative, and probably by others
which have efcaped his fearch. Their Devonfhire eftates have, however, all pafled away by
fale fince the beginning of the prefent century.

William Fortefcue, fecond fon of Martin Fortefcue and Elizabeth Denzill, inherited, at
his mother's death, the manor and manfion of Buckland-Filleigh.1 He married Maud,
daughter and heir of John Atkyns, Efquire, of Milton-Abbot, in Devonfhire, and by her
had iffue three fons, John, Edmund, and James, and one daughter, Jacquetta, who married
William Dennis, of Southcombe, Efquire.

John, the eldeft: fon, fucceeded to the eftates on his father's death. He married Chriftian,
daughter of John Arfcott, of Hollefworth, Efquire, and had iffue, ift, William, 2nd, John;
and a daughter, Alice, married to William Farry, Efquire. William, the eldeft fon, fucceeded
his father. He married, in 1555, Anne, daughter of Sir Roger Giffard, of Brightley, near
South Molton, in the parifh of Chittlehampton, the feat of a younger branch of the ancient
family of the GifFards of Halfbury. The manfion and chapel of Brightley are now in ruins,
a farm-houfe occupying part of the former ; and the park is broken up. The iffue of their
marriage was four fons and eight daughters, of whom prefently. By his will, dated
15th April, 1580, and proved 6th April, 1583, he leaves his manor and lands "within the
parifh of St. Peter's, Marland," to his three younger fons, Faithful (afterwards Sir Faithful),
Martyn, and Bartholomew ; bequeathing Buckland-Filleigh to his eldeft fon, John, and his
heirs. He died in 1580.

The fecond fon of this William Fortefcue and Anne Giffard was Sir Faithful Fortefcue,
born about the year 1 5 1 2, " diftinguifhed for his eminent abilities," fays the Biographia
Britannica.2 He ferved in the army in Flanders for feveral years, and, when the Spanifh
invafion was threatened, received, in the year 1588, a commiffion from Queen Elizabeth to
raife men and arms for the camp at Tilbury, and he was knighted by the queen. He wrote
the memoirs of his family, which he left behind him ; and his grandfon continued them to

1 Lyfons's Correfpondence, MS. letter from Mr. Inglett Fortefcue.

2 iii. p. 1999.

Family of Buckland-Filleigh.

149

the year 17 18. No trace of thefe records, however, can now be found. He lived to be
upwards of ninety-fix years old, dying about the year 1608. One of his daughters, of whom
he had feveral, lived to be 102. Sir Faithful's fons were three — John, the eldeft, who was
ofNortham, in Devon, and died about 1662, leaving iflue ; Faithful, the fecond ; and
Arthur, the third. Of thefe, Faithful 1 entered the army, and, like his father, diftinguifhed
himfelf while ferving in Flanders. After his return from abroad, he went into Ireland on a
vifit to his coufin, Sir Faithful Fortefcue, the governor of Carrickfergus ; and it is mentioned,
as a proof of his military knowledge, that being prefent at a muttering of the army, both horfe
and foot, on the Curragh of Kildare by the Duke (at that time Marquis) of Ormonde, he
was allowed at the requeft of his coufin, to draw up and form the whole army in order of

BUCKLAND-KILLKId II ( III HI II.

battle, which he performed fo well that the duke gave him a captain's commifiion in the field.
He afterwards became a lieutenant-colonel, and was prefent on the Royal fide at feveral of
the battles in the great Civil War.

After the Reftoration he was reinstated by Charles II. in the poft which he had held
under the king his father, and died aged eighty-two. Colonel Faithful Fortefcue left a fon
of his own name, who held a commifiion in a foot company, under Sir Thomas Fortefcue of
Dromifkin, in the army in Ireland, and died a lieutenant in 1679. This lieutenancy was
given by the Duke of Ormonde to a kinfmanof the deceafed lieutenant, William Fortefcue,
fecond fon of theaforefaid Sir Thomas. The original commifiion is in the poffefiion of the

Lodge, Peerage of Ireland.

Family of Buckland-Filleigh.

author. Bartholomew, the y'oungeft fon of William Fortefcue of Buckland-Filleigh -by
Anne GifFard, is thus mentioned in his nephew's, Sir Faithful, memoir of Lord Chichefter :
— " He (Lord Chichefter) went firft into Ireland, taking with him, for companion, Bartho-
lomew Fortefcue, my father's younger brother, whom he much loved, and he being, as I
have heard his lordfhip fay, very good company, a valiant ftrong man, and one of the beft
wreftlers of thofe times. They flayed awhile with Sir George Bourchier, who was then
Mafter of the Ordnance in Ireland, and fon of the Earl of Bath, and father of this earl, a
noble gentleman. They had been actors, with other young gentlemen, of a youthful rafti
trick in England, and when their friends had obtained their pardon of Queen Elizabeth,
they returned to England. Soon after my Lord Chichefter, who was then but Mafter
Chichefter, adventured abroad for advancement, and Fortefcue turned fea-captain,1 and died
in that employment."

We now return to John Fortefcue of Buckland-Filleigh, the eldeft fon of William
Fortefcue by Anne GifFard. He married twice ; firft, Anne, daughter of Walter Porter,
Efquire, of Thetford in Norfolk, by whom he had one fon, Roger. His fecond wife was
Sufannah, daughter to Sir John Chichefter of Raleigh near Barnftaple, and fifter to Sir Arthur
Chichefter, afterwards Lord Chichefter of Belfaft, Lord Deputy of Ireland. This lady bore
him two fons, John, who died unmarried, and Faithful, afterwards Sir Faithful, of whom
hereafter ; and two daughters, Grace and Anne.

John Fortefcue died in 1 604,2 and was fucceeded by his eldeft fon, Roger, who married
Mary, daughter of Richard Norleigh of Inwardleigh, and died in 16 29/ leaving four fons
and five daughters, whofe names are given in the Pedigree. Of thefe the eldeft fon was
John, of Buckland-Filleigh, entered at the Inner Temple, May 3, 16 19, though never called
to the bar,4 who married Thomazin, daughter of Humphrey Prideaux, eldeft fon of Sir
Nicholas Prideaux of Solden, by whom he had five fons,5 William, James, Roger, Hum-
phrey, and John. John Fortefcue died June 7, 1665, aged fifty-nine. His monument is in
Buckland-Filleigh Church, with rather pretentious infcriptions in Englifh and Latin. One
of the latter runs thus : — -

" Praeclariofe Fortefcutorum Tribu
En hie fepultus Armiger
Nunc dormit, at tuba cum fonabit ultima
Exurget iterum ad gloriam."

His fecond fon, James, born in 1 625," was fettled at Ford in the parifh of Mil ton- Abbot;

1 That is to fay, captain of a queen's fhip. 2 Stemmata Fortefcuana, and his Will, proved May 5, 1 604.
3 See John Fortefcue's Will in tern. Fort. 4 See Inner Temple Records.
8 Stemmata. « Bap> Dec. ,8, 1625.

if-

-X

u
o
u

<
«

CQ °
2 S

IE ^

z
z
<

-a
c

H
H

O 1-

o o

H «
C l-

o ca

x c

S _£=

£ 3

ca cj

a 3

| C5
W'o

o „

3 bo

-Si

■a

a
u

lb-

-a

M Z
5 X

I —J

R <~
es o
o

u. a

B«S
B -=

o <r

>-> u
-o -
- x
ja S

br, S

'£ a .

Uh T3

, o —

-a . o

C 3 C/3

2 "a o

3 i i

W N <

<«- < H

o S a

- ■
O it
"It -0

V •

x "
o L.
— s o

a s u

£ 3 £
ca ca

X Z C

G H 8 <fl

ts ea -

M C

—

. Z

u
X

- I

hi
O
s
- o
u

t*3

- z
w
S

■
■<

d E

8 —

- o .Si

I tu

E S

II-

t 'J g
£ g E

H ■- •-

g « ^

< -i >
3 ~ "

itt «- e

1 >>
•< =

o c

3 3. .

^2 <~ =

"L;

H A E
j< = o
ShU

M
6
- «
o
■

B 60 -f

u C

0 ■B

5 - c >g

1 t_ O i~

O o U -

z 10

o .a c

—5 -O 3

-sH 3

2 41 -2 B

o >-> o

eL *i u

l.sl^al.9

;ca t)

lis

^ c be
^ a a

~- s ~-

;5il

Z o 3

X . o

8 u; Jl

— <j 2

a « «

—

a r .• -a

■a ,? ± -

U. 00

^3
a o

5 E

~ £

o
DC

- .s

it-

a a

a A

Da °

a E

3 £

a -

S 's

1 a
E .2
E §

a e

E c

o •-

w «J "O 00

5uj.il -a oo "a

-a a r- a

5.3 . « - «

n _ h --c .-

-a 3 H 5 H

1 M<9 ni •]

o 3 O a O C

>%.g ca - Dd i§ oc -3

—

bo
a
o
be

jd
s-

Family of Buckland-Filleigh.

he left a fon, George, whofe fon, James Fortefcue, D.D. of Exeter College, Oxford, became
rector of Wotton in Northamptonmire. He left behind feveral literary productions ; 1 the
principal being two volumes of" EfTays Moral and Mifcellaneous," publifhed in London, in
8vo., in 1759, including a poem called 'c Pomery Hill," firft publifhed feparately in 1754;
it was " humbly addrefled to his Royal Highnefs the Prince of Wales ; " alfo three defcrip-
tive poems, two of them on Caftlehill, and one on " Devonia." Doctor Fortefcue was a
Fellow of Exeter College; he took his degree of B.A. October 14, 1736, of M.A. June 22,
1739. He was Senior Proctor of the Univerfity in 1748 ; B.D. April 1 1, 1749; and D.D.
January 20, 1749-50.

He died unmarried in 1777, and his library was fold in 1779. I am indebted to the
writer in u Notes and Queries," at the place referred to in the foot note, for mod of this
information.

His works, which, to judge from contemporary opinions, have no great value, are feldom
met with in libraries.

We return to William, the eldeft. fon of John Fortefcue by Thomazin Prideaux. He

was born in 1622, and fucceeded to his father's eftate ; he married Emlyn, daughter of

Trofle, Efquire, and had iflue three fons, Henry, Roger, and George. At his death, in
1679, he was fucceeded by the eldeft fon, Henry, born in 1659, married to Agnes, daughter
of Nicholas Dennis of Barnftaple, Efquire, and died in 1 69 1 , leaving an only fon William,
afterwards Mafter of the Rolls.

Henry Fortefcue's monument in Buckland-Filleigh Church defcribes him as one whofe
early death was regretted ; its infeription, which follows here, is in better tafte than the
greater part of fuch productions.

Defidcratifs. Hfn. Fortescue
Armig. qui obiit Decern' die nono
An . Dom. 1 69 1, >Eta\ fuae 33".

Miri indoles juventus prematura

Brevioris x-vi prxcones.

Hunc non longrcvum fore pravnunciant :

Sed annos antevcrtit virtute,

Morum gravitate fencx ;

Et quorfum in agro efl'et cum maturat feges,

Aut in mari navis, qua; portum appulit.

Hie maturus coelo, et confecto feliciter curfu rcconditur

Diuturnior fieri, vix poterat melior,

Sat fibi et gloria, nobis heu ! quantillum vixiti.

1 Watts' Bibliotluca Britannica. Davidfon's Hibliothcca Devonicnlis. Supplement Notts and Queries,
April 30, 1804, 3rd ferics, vol. v. Monthly Review, vol. vi. 1752, and vol. xxi. 1759.

Family of Buckland-Filleigh.

The Right Honourable William Fortescue.

William Fortefcue, the only fon of Henry Fortefcue of Buckland-Filleigh, by Agnes
Dennis, was born in the family manfion there in 1687, and was baptized on the 26th of
June in that year. Three years later his father died, at the early age of thirty-three, leaving
his fon an infant of three years old. We know nothing of his boyhood, and do not hear of
his place of education, either fchool or college. There is no record of him in either the
Oxford or the Cambridge lifts of graduates. His name firft occurs at the beginning
of his twenty-third year, as marrying his diftant kinfwoman Mary Fortefcue of Fallapit,
who, by the death of her brother Peter1 in 1707, had become a co-heirefs of her father,
Edmund Fortefcue of that place. This lady was two years younger than himfelf, (he having
been born in 1789. 2 The marriage took place at the church of Eaft Allington, July 7,
1709,3 and he lived with his wife at Buckland-Filleigh, where, on the 16th of July in the
next year (17 10), their firft and only child, a daughter, was born; the young mother fur-
viving its birth not many days. She was buried on the 4th of Auguft at Eaft Allington,4
the parifh in which Fallapit is fituated, where her death on the firft of that month is recorded
on a mural tablet erected to the memories of her father and mother, and fix of their children,
which I obferved in the church there — a church abounding in Fortefcue memorials — on
the 17th of June, 1879.

Soon after this event William Fortefcue fettled in London, having determined to follow
a learned profeflion. This decifion, and the fteadinefs with which he adhered to it, muft be
taken as proofs of an energetic mind anxious to excel ; for he had inherited a fair eftate, on
which his forefathers had contentedly lived for many generations as country fquires, and his
marriage and the birth of his child held out the profpec"l of a further acceflion of property
hereafter.

In September of this year he entered the Middle Temple,5 where he kept his terms for
four years; changing to the Inner Temple in November, 17 14, whence he was called to the
bar in July, 171 5.°

How much of his time he devoted to his law ftudies we cannot fay, but he foon began
to mix with the wits and clever men and women who adorned the firft half of the laft
century. In 17 14 7 he was already on familiar terms of friendfhip with Pope, his contem-
porary, he being only a year older than the poet. This intimacy and correfpondence
lafted until the death of the latter in 1744, and has caufed William Fortefcue's name to be

1 Stem. Fort. 2 Stem. Fort. 3 Stem. Fort., E. Allington Monuments, p. 50.

4 Eaft Allington Regiftry and Monuments in Stem. Fort.

5 Buckland-Filleigh Regiftry ; Stem. Fort. ; and Records of Inner Temple.

6 Fofs, Lives of Judges, vol. viii. 7 Pope to Gay, 1714. Works, x. 32-33.

Right Hon. William Forte/cue. iro

ftill remembered. The firft dated letter from Pope which has been preferved bears the date
of 1720; but we find him afterwards afking his friend "to fend what letters you have been
fo partial to me as to keep efpecially of an early date, before the year 1720," 1 adding "I
may derive great fervice from feeing them in the chronological order ; and I find my collec-
tion, fuch as it is, muft be haftened, or will not be effectual."

As fome details of Fortefcue's life are to be gathered from Pope's letters to him, feveral
of them are here given : —

Letters from Alexander Pope to the Right Hon. William Forte/cue, M.P.

Sept. 17.2

The gaiety of your letter proves you are not fo ftudious of wealth as many of your profeflion are,
fince you can derive matter of mirth from want of bufinefs. You are none of thofe lawyers who deferve
the motto of the devil, "Circuit quaerens quern devoret." But your circuit will at leaft procure you
one of the greateft of temporal bleflings, health. What an advantageous circumftance is it, for one
that loves rambling fo well, to be a grave and reputable rambler ; while (like your fellow-circuiteer, the
fun) you travel the round of the earth, and behold all the iniquities under the heavens? You are much
a fuperior genius to me in rambling; you, like a pigeon (to which I would fooner compare a lawyer
than to a hawk) can fly fome hundred leagues at a pitch ; I, like a poor fquirrel, am continually in
motion, indeed, but it is about a cage of three foot ; my little excurfions are but like thofe of a fhop-
keeper, who walks every day a mile or two before his own door, but minds his bufinefs. Your letter
of the caufe lately before you, I could not but communicate to fome ladies of your acquaintance. I am
of opinion, if you continued a correfpondence of the fame fort during a whole circuit, it could not fail
to pleafe the fex better than half the novels they read. There would be in them what thev love above
all things, a moft happy union of truth and fcandal. I allure you the Bath affords nothing equal to it.
It is, on the contrary, full of grave and fad men : Mr. Baron S., Lord Chief- Jufticc A., Judge P., and
Counfellor B., who has a large pimple on the tip of his nofe, but thinks it inconliitent with his gravity
to wear a patch, notwithflranding the precedent of an eminent judge.

I am, dear Sir, yours, &c.

Sept. 10, 1724.

Dear Sir,

I heartily thank you for yours ; and the rather, becaufe you arc fo kind as to employ me,
though but in little matters ; I take it as an earncft you would do fo in greater.

As to the houfe of preparation for the fmall-pox, why fhould it not be my own ? It is entirely at
your fervice ; and I fancy two beds, or three upon neccflity, (beiides, your fervants may be difpofed ot
in the next houfe to me), will amply furnifh your family.

It is true the fmall-pox has been in Twitnam, but is pretty well gone oft*. I cannot rind any village

Pope to W. V., Letter 47, Auguft 2, I 735.

This is an early letter, probably written when Pope was at Bath, in 1714

I54

Family of Buckland-Filleigh.

more free from it fo near London, except that of Peterfham, where I hear it has not been ; but I will
further inform myfelf upon your next notice.

As to the receipt of Sir Stephen Fox's eyewater, which I have found benefit from, it is very fimple,
and only this : take a pint of camphorated fpirit of wine, and infufe therein two fcruples of elder
flowers. Let them remain in it, and wafti your temples and the nape of your neck, but do not put it
into your eyes, for it will fmart abominably.

When you have taken breath for a week or two, and had full poffeffion of that bleffed indolence
which you fo juftly value, after your long labours and peregrinations, I hope to fee you here again ;
firft exercifing the paternal care, and exemplary in the tender offices of a paterfamilias, and then
confpicuous in the active fcenes of bufinefs, eloquent at the bar, and wife in the chamber of council,
the future honour of your native Devon ; and to fill as great a part in the hiftory of that county for
your fagacity and gravity in the laws, as Efquire Bickford is likely to do for his many experiments in
natural philofophy.

I am forced to defpatch this by the poft, which is going, or elfe I could not have forborne to expa-
tiate upon what I laft mentioned. I muft now only give Mr. Bickford my fervices, and join them to
thofe I fhall ever offer to your own family.

Believe me, dear Sir,

Your faithfulleft, affectionate fervant.

Gay was well five days ago at Chifwick.

Twitnam, Sept. 17, 1724.

Dear Sir,

Your friendly and kind letter I received with real joy and gladnefs, to hear, after a long
filence, of the welfare of a whole family which I fhall ever unfeignedly wifh well to in all regards. I
knew not in what part of the land to level a letter at you, or elfe you had heard firft from me. My
mother, indeed, is very ill; but as it feems only the effecT: of a cold, which always handles her
feverely, I hope not in any danger. I am in the old way, — this day well, however, and the paft and
future are not in my power, fo not much in my care. Gay is at Bath, with Dr. Arbuthnot. Mrs.
Howard returns your fervices; and Marblehill waits only for its roof — the reft finiftied. The little
Prince William wants Mifs Fortefcue, or, to fay truth, anybody elfe that will play with him. You
fay nothing at what time we may expect you here. I wifh it foon, and thought you talked of Michael-
mas. I am grieved to tell you that there is one Devonfliire man not honeft ; for my man Robert
proves a vile fellow, and I have difcarded him. " Auri facra fames " is his crime — a crime common
to the greateft and meaneft, if any way in power, or too much in truft.

I am going upon a ftiort ramble to my Lord Oxford's, and Lord Cobham's, for a fortnight, this
Michaelmas ; and the hurry I am at prefent in, with preparing to be idle (a common cafe), makes it
difficult for me to continue this letter, though I truly defire to fay many things to you. Homer is
advanced to the eighth book ; I mean printed fo far. My gardens improve more than my writings ;
my head is ftill mere upon Mrs. Hd. and her works than upon my own. Adieu ! God blefs you ; an
ancient and Chriftian, therefore an unmodifti and unufual falutation.

I am ever, fincerely and affectionately, yours.

Right Hon. William Fortefcue.

Twitnam, Sept. 6.

Dear Sir,

I cannot exprefs the joy your letter gives me. I was in great fears after I had written,
learning no further of your ftate, when I fent three days to Mr. Thory. Your giving me thefe lines
under your hand is a kindnefs I fhall long remember. I hope in God your recovery increafes as faft as
I really wifh it ; one of my great apprehenfions was, you might not have a fkilful phyfician in a diftant
country place, of which you have eafed me; I hope you keep him near or with you. I defire earneftly
to hear of you foon again, though I hope the danger of a relapfe is over ; but furely you muft not
hazard cold by too quick a removal. Without pretences I have been fo long and fo fincerely your
friend, that this alarm was a lively and deep-felt one to me. God forbid it fhould ever be renewed! I
may now have fpirits enough to quote Homer to you, who fays, " A friend is better than a kinfman."
Your fifter, I hope is well ; and as (he ought to receive no harm from fo virtuous an enterprize, fo I
truft fhe will have her reward complete in feeing you perfectly reftored.

I am ever, dear Sir,

Your truly affectionate and faithful friend.

Is there anything at this diftance that I can procure for you, or any corroborative advice that I can
get for you from any of our phyficians, or any bufinefs I could eafe you the care of, or anything you
would have faid or done ?

Down Hall, in Eflex, Jan. 5.

Dear Sir,

I had writ the pofl after my receipt of yours, but it followed me thirty miles beyond London,
where I fpent part of the Chriftmas. I yet hope this will find you, and I wifh that the very next day
you may begin your journey, becaufe fincerely I cannot fee you too foon. I am rejoiced that your
gout left you the day after I did ; may it never return ! though it bring manv compliments along with
it: for, let my friends wifh me as long a life as they pleafc, I fhould not wifh it to myfelf with the
allay of great or much pain. My Lord Dorfet faid very well in that cafe, the tenure is not worth the
fine. I hope the joys of a marriage, both to thofe who pofiefs, and to you who procure (modeftly
fpeaking), will obliterate all thofe melancholy thoughts. I wifh the new couple all felicity. And pray
make hafte to town with the remainder of your family, and put them into the like happy condition with
all fpeed.

Aup. 24, 1730.

Dear Sir,

1 had no fooner received your kind letter, with the ill news of your being feized with the
gout at Buckland, but your clerk acquainted me that you were extremely ill, which gives me
unexpreflible concern. My fears of your being diltant from your family, and what help by phyfician
may be to be procured in a lone country, do fincerely much trouble me. I beg to know by the firft
opportunity, by a line either from yourfelf or any other hand, how you are ; and that you are not in fo
much danger as I apprehended. I will add no more words, fince none can tell you how much I am in

i56

Family of Buckland-Filleigh.

pain about you, and fince they can only be troublefome to yourfelf, if you are very ill. But God and
my own heart know with what warm affection, and wilhes for your recovery, and for your every
happinefs and comfort, I am ever, dear Sir,

Yours.

Monday, April.

Dear Sir,

I was two nights in town, and aimed at feeing you on both ; but the curfed attendance on
the excife bill deprived me of it, and I grumble with the reft, upon that fcore, at it. Your prefent life
is labour ; I hope your future will be in more repofe, and that you may fleep either on the bench or
oft", juft as you pleafe. Twickenham will be as much at the fervice of my lord judge as it was of my
learned counfel ; and I flatter myfelf in the imagination that your hours and days in general will be
more mine when they are more yours. Adieu ! and keep my fecret as long as it will keep. I think
myfelf fo happy in being approved by you, and fome few others, that I care not for the public a jot.

September 13.

Dear Sir,

I am truly glad you have fafely performed your revolution, and are now turning round your
own axle in Devonfhire ; from whence may we foon behold you roll towards our world again ! I can
give you no account of Gay fince he was raffled for and won back by his Duchefs, but that he has been
in her vortex ever fince. But I think I fhould not in friendfhip conceal from you a fear or a kind-
hearted jealoufy he feems to have entertained from your never having called upon him in town, or
correfponded with him fince. This he communicated to me in a late letter, not without the appear-
ance of extreme concern on his part, and all the tendernefs imaginable on yours.

London, March 22, 1734-35.

Dear Sir,

I have feen your family twice ; once at Mr. Jervas's, and laft night at home.

They are all well, except a little cold which Mifs Fortefcue has, but was very merry. I hope you
have this week feen Buckland with pleafure, and in a ftate of improvement ; and that you will fee
Fallapit with the fame. Twitnam is very cold thefe eafterly winds ; but I prefume they do not blow
in the happy regions of Devonfhire. My garden, however, is in good condition, and promifes fruits
not too early. I am building a ftone obeliflc, making two new ovens and ftoves, and a hot-houfe for
ananas, of which I hope you will tafte this year. The public news and votes tell you all the bufinefs
of the feafon. It is generally thought the Parliament will be up in the middle of April. Adieu ! May
fuccefs, health, and money attend you in all your circulations.

I am, faithfully and affectionately, dear Sir,

Yours.

Augujl 23, 1735.

Dear Sir,

I am fummoned unexpectedly to Southampton, to take leave (I fear my laft) of Lord Peter-
borough ; from whence I return in a week, he going for France at the month's end. But I firft take

ytrtZrzcJ-^ Uclt , f ^^C^u^rcT .

^uJ^ f W jf/^ U^ll ^<4L> f /lO * /

Autograph Letter from Alexander Pope Lo the Fight Honbl" William Fortescue of Buckknd Filleigh

Right Hon. William Fori ef cue.

'57

care of your houfe ; the window is done, and the other bricked up ; as to the back window, I think
it will do as it is ; the painters have done, and next week the upholfterer fets up the beds. I have not
had one quiet day to poffefs my foul there in peace. I fhall die of hofpitality, which is a fate becoming
none but a patriarch, or a Parliament man in the country. Thofe who think I live in a ftudy, and
make poetry my bufinefs, are more miftaken than if they took me for a Prince of Topinambou. I
love my particular friends as much as if I knew no others, and I receive almoft everybody that comes
near me as a friend : this is too much ; it diflipates me when I fhould be collected ; for though I may
be of fome (not much) value to a few, yet, divided among fo many, I muft be good for nothing.
Life becomes a mere paftime. When fhall you and I fit by a firefide without a brief or a poem in our
hands, and yet not idle, not thoughtlefs, but as ferious, and more fo, than any bufinefs ought to make
us, except the great bufinefs — that of enjoying a reafonable being, and regarding its end ? The
fooner this is the cafe the better. God deliver you from law, me from rhyme, and give us leifure
to attend to what is more important. Believe me, dear Sir, with all affection, but in great hurry,
for my foot is in the coach the moment my hand is off this paper. [May all happincfs wait on Buck-
land and Fallapit.]

Entirely yours.

September 3, 1737.

Dear Sir,

It is long that I have not writ to you ; but want of materials is a good rcafon for not writing
at any time ; and that which I never want, friendfhip and aft'edtion, have not much to fay, though
they feel much. The knowledge you will not fail, from long experience, to have of mine for you,
though it has had few means to prove itfelf, and the opinion which, I Hatter myfelf, you have of my
being no ungrateful man to thofe who have proved theirs to me, will fufficiently convince you
I am always thinking of and wifhing well to you. I have this fummcr contrived to make a circuit,
almoft as long as yours, though lefs ufeful, from which I am not yet returned. I have been now a full
month on the ramble, firft to Southampton and Portfmouth, but the ltormy weather prevented
my defign on the Iflc of Wight ; thence to Oxford, Cirencelter, and Bath. It will be near Michael-
mas before I fhall fee Richmond or Mrs. Blount, who went thither (as I hear by the laft poft) but two
days ago, to enjoy the palace you left her, being much rejoiced to be at repofe after a ramble fhe has
alfo made. I hope Mrs. Spooner is now in perfect health, though fhe had been ailing when I laft faw
her before her journey. I hope you are all together by this time, or will about the time this letter
reaches you, which comes to congratulate you on the Sabbath of your labours, and to exhort vou to
concert this Michaelmas fome improvements of your wood, Sec. at Buckland, fadtura nepotibus umbras.
But cut out fome walks for yourfelf while you yet have legs, and make fome plain and fmooth under
your trees, to admit a chaife or chariot when you have none. I find myfelf already almoft in the
condition, though not the circumftances, of an aged judge, and am forced to be carried in that manner
over Lord Bathurft's plantations. Do not be difcouraged from giving me, once more at leaft, an
account of yourfelf. If directed to Twitcnham, it will rind its way to me. Be aflured I am, with
old fincerity, and ever fhall be, dear Sir,

Your moft aftedtionate and obliged friend and fervant.

Family of Buckland-Filleigh.

Dear Sir,

I am forced to write to you upon this red-lined paper, for I have not a ftieet in the houfe
befide. I fent Bowry to aflc you when I might hope to fee you. I really want it, for I am very near
funk in melancholy, having been full fix weeks here, attending a very melancholy cure. I would
otherwife have tried to fix a day to meet you at Sir R. W.'s (with his permiflion, and your coadjutor -
fhip). I have a particular reafon to defire to know a thing, which I believe he will tell me if you aflc

it, Who was author of a book called, " An Eflay on the Tafte and Writings of this Age,"

dedicated to him, as a libel upon me. I formerly fent it to Sir R. by you (as I think). Pray aflc
him, and aflure him of my refpectful fervices. Pray fend me fome paper ; it is all I can get by you
men in place.

I am ever, dear Sir, yours.

July 31, 1738.

Dear Sir,

It was my intention fooner to have told you of what, I know, is the news a friend chiefly
defires, my own ftate of health. But I waited thefe three weeks almoft, to give you a better account
than I can yet do ; for I have fuffered a good deal from many little ailments, that do not altogether
amount to a great difeafe, and yet render life itfelf a fort of one.

I have never been in London but one day fince I parted from you, when I faw Mrs. Spooner and
the reft of yours ; and this day I took it into my head they might be at the Vineyard. I went thither,
but Mrs. Shepherd told me, in a voice truly lugubrious, that nobody had feen her walls fince you were
laft there. I comforted her over a difli of tea, and recommended her to read Milton on all fuch
occafions of worldly difappointments.

I fhould be glad to hear of any place or thing that pleafes you in your progrefs. Lord Burlington
was very active in ifluing orders to his gardener to attend you with pine-apples : he goes into Yorkfhire
next week.

Pray remember me to Mr. Murray. You need not tell him I admire and efteem him, but pray
aflure him that I love him.

I am, fincerely, dear Sir, yours.

Auguft 17, 1739.

Dear Sir,

I was truly concerned at my return from my rambles to hear from Mrs. Blount how ill you
had been ; worfe than you had really told me in your kind letter. I called at your houfe a day or two,
but mifled the ladies ; but the fervants told me they had heard twice from you, and that you was much
better. I hope it proved fo ; and that as your journey advanced, your ftrength did the fame. I wiftied
to hear more of you; and now defire it that I may no longer want the knowledge how you find yourfelf. I
dined yefterday with Jervas upon a venifon pafty, when we drank your health warmly, but as
temperately as to liquor as you could yourfelf; for neither he nor I am well enough to drink wine.

Right Hon. William Fortefcue.

*59

Saturday Night, June, 1743.

Dear Sir,

I have twice had the ill-fortune to mifs you when I went to the Rolls ; the laft time Mr.
Solicitor and I were together ; and now that he and I are at Twitenham (for one day only), my Lord
Bolingbrolce happens to be fo, which hinders us from feeing you. I fhall be in town again in two or
three days, and hope then to dine and fup with you. I am really troubled to meet you fo rarely, as I
preferve the memory of fo many hours and days formerly parted together ; and am, with that fort of
truth which was to be found in old-fafhioned friendfhips, dear Sir,

Your faithful and ever mod affectionate fervant,

A. Pope.

From John Gay to Right Hon. William Fortefcue.

Sept. 23, 1725.

Dear Sir,

I am again returned to Twickenham upon the news of the perfon's death you wrote to me
about. I cannot fay I have any great profpecl of fuccefs ; but the affair remains yet undetermined,
and I cannot tell who will be his fucceffor. I know I have fincerely your good wifhes upon all
occafions. One would think that my friends ufe me to difappointmcnts, to try how many I could bear ;
if they do fo, they are miftaken ; for as I do not expect much, I can never be much difappointed. I
am in hopes of feeing you in town the beginning of October, by what you write to Mr. Pope ; and
fure your father will think it reafonable that Mifs Fortefcue fhould not forget her French and dancing.
Dr. Arbuthnot has been at the point of death, by a fevere fit of illnefs, an impofthumation in the
bowels ; it hath broke, and he is now pretty well recovered. I have not feen him fince my return
from Wiltfhire, but intend to go to town the latter end of the week.

I have made your compliments to Mrs. Howard this morning. She indeed put me in mind of it,
by inquiring after you. Pray make my compliments to your filters and Mrs. Fortefcue ; Mr. Pope
defires the fame.

Yours moft affectionately,

J.G.

In Pope's imitation of a fatire of 1 Ioracc he fubftitutes Fortefcue for Trcbatius,1 and thus
addrefles him at the beginning : —

11 Tim'rous by nature, of the rich in awe,

I come to counfel learned in the law :

You'll give me, like a friend both fage and free,

Advice, and (as you ufe) without a fee."

And in one of his letters at the time (1732-33) the poet thus writes : —

" Have you feen my imitation of Horace ? I fancy it will make you fmile ; but though
when firft I began it I thought of you, before I came to end it, I confidered it might be too

Horace. Satin s, Hook ii. Satire 1.

i6o

Family of Buckland-Filleigh.

ludicrous, to a man of your fituation and grave acquaintance, to make you Trebatius, who
was yet one of the mod confiderable lawyers of his time, and a particular friend of a poet.
In both which circumftances I rejoice that you refemble him, but am chiefly pleafed that you
do it in the latter."

William Fortefcue was the perfon addrefled by the poet Gay in his " Trivia " in the
following lines : —

" Come Fortefcue, fincere, experienced friend,
Thy briefs, thy deeds, and e'en thy fees fufpend,
Come, let us leave the Temple's filent walls,
Me bufinefs to my diftant lodging calls ;
Through the long Strand together let us ftray,
With thee converling I forget the way."

His name occurs in many memoirs of the time ; and it is evident that he lived in the
moft intelle&ual fociety of the day, with Pope, Swift, Gay, Lady Suffolk, Lady Mary
W. Montague, Atterbury Bifhop of Rochefter, Lord Oxford, Arbuthnot, Congreve, &c.
He was alfo in conflant intercourfe with Sir Robert Walpole ; and that minifter, when
Chancellor of the Exchequer, to which office he was firft appointed in 17 15, made him his
Private Secretary,1 a connection to which he may have owed his advancement in his profef-
fion. He appears during this period to have regularly gone circuit ; but Pope's letters do
not contain many allufions to his practice at Weftminfter, which probably was never very
large. At the general election which took place after the death of George I., in 1727, he
was returned to Parliament as member for the borough of Newport, Ifle of Wight, for which
place he continued to fit until his elevation to the Bench.

In 1730 he was made a King's Counfel, and the fame year was appointed Attorney-
General to the Prince of Wales, father to George III.

His vacations were fpent in Devonfhire at Buckland-Filleigh, and he occafionally vifited
Fallapit.

The former feat is placed in a hilly diftrict on the northern outfkirts of Dartmoor, and
commands a view of its higheft points. The extenfive woods of the property were improved
by the Mafter of the Rolls in accordance with Pope's fuggeftion, but not with the refult
contemplated faftura nepotibus umbras, for no defendants lived to enjoy their fhades.
Several miles of drive were carried through them, and thefe, with the park of three hundred
acres furrounding the houfe, a ftrudture enlarged and modernized fince William Fortefcue's
time, formed, when I laft vifited Buckland on the 13th of June, 1879, a very pleafing
dwelling place.

Fofs, Lives of the Judges.

Right Hon. William Forte/cue.

161

We do not find that he fpoke in Parliament, but he fupported by his votes Sir Robert
Walpole's administration ; and thus, as well as by his focial qualities, having been previoufly
made a ferjeant-at-law,1 he fucceeded in obtaining a feat on the Bench, for which his
refpectable if not profound legal knowledge may be held to have qualified him, for he ranked,
as we are told, as a " good lawyer." A vacancy occurring by the removal from the Exche-
quer to the Common Pleas of Sir John Comyns, he was made a Baron of the former Court
on the 9th of February, in this year. Here he remained fcarcely two years and a-half, fol-
lowing for the fecond time Sir John Comyns when this judge was raifed to be Chief Baron
on the 7th of July, 1738.

After three years more Fortefcue exchanged his feat on the Bench for the more agreeable
and lefs laborious pofl of Mafter of the Rolls, to which he was appointed on the 5th of
November, 1 741 , and, at the fame time, he was fworn as a Privy Councillor. He remained
at the Rolls until his death on December 1 6th, 1749, in his fixty-third year. He feems to
have avoided the knighthood frequently conferred upon Judges, and almoft as a matter of
courfe upon Matters of the Rolls.

The following curious circumftance has been kindly communicated to me by Mr. Alfred
Horwood, of the Middle Temple. Writing on the 19th of June, 1869, he fays : "A lady of
a Devonshire family lately called on me, and faw your volumes. She faid that her aunt, ftill
living, and about eighty-fix or eighty-feven, had told her that her mother was with Fortefcue,
the Mafter of the Rolls, juft before his death, in 1749, when a white bird flew in at the
window. * Ah,' faid the judge, 1 have you come for me? ' A tradition in the family fays
that a white bird appears prior to the death of a member. As a fpeclator told the event to
a perfon now living, I thought you might like to know it."

It is to be regretted that fo few memorials of him remain. I le kept a diary, which mull
have contained much that would now be interefting beyond the fmall circle of perfons of his
name or family. This, as I am informed by Mr. Fortefcue Brickdale, remained at Buck-
land-Filleigh until after the death of Mrs. Spooner, William Fortcfcue's only child, when it
is fuppofed to have fallen into the hands of her huftiand's relations, and has not fince been
recovered, notwithstanding many attempts which have been made to trace it. His library
and papers were finally fcattered at the fale of Buckland-Fillcigh by Colonel Inglett
Fortefcue.

Some rough notes made on the fly-leaves of a Gazetteer in ten volumes called u Magna
Britannia," which he carried about on his circuits, are all that has been recovered.

Through Mr. Brickdale's kindnefs I am able to give a few of them. Thefe, with a
letter to Lady Suffolk, and four notes of no importance, are now printed, as the only fpeci-
mens which we have of his writings. The latter owe their prefervation to their blank fides

1 Sec Foft.

1 62

Family of Buckland-Filleigh.

having been ufed by Pope for the rough copies of his Homer, and are in the Britim
Mufeum.1

I ought, however, to add his contribution to " Martinus Scriblerus." The burlefque re-
port of the cafe of " Stradling verfus Styles ; or the Pyed Horfes," a witty and lively little
piece ftill much in favour with lawyers. It will be found further on. He was chofen to be
the "legal advifer" of the ''Scriblerus Club," 2 and befides the above, contributed feveral
legal corrections and hints to its other papers.

Jervas writes of him as " ridente Fortefcuvio," 3 and Bowles4 tells us that he was a man
of great humour, as well as of great talents and integrity.

Fortefcue, dying while in office, was buried in the Rolls Chapel; his grave is immediately
in front of the communion table there, and on the wall near the place is the following
infcription : —

In this Chappel lyeth buryed The Right Honourable
William Fortescue
Of Buckland-Filleigh and Fallapit in the County of Devon Efquire
Who having been one of the Barons of the Court
Of Exchequer and afterwards one of the Juftices
Of the Court of Common Pleas, was made
Mafter of the Rolls the 5th day of November 1741,
And dyed the 16th day of December 1749
In the 63rd year of his age.

He never married again after the early death of his wife. His mother and his unmarried
fifters-in-law, Grace and Elizabeth, lived much with him, and aflifted in the care of his only
child. Grace died in March, 1743.5 A letter of the period fays, " The Mafter of the Rolls
has loft his fifter Grace. She was an exceedingly good woman, and he is very much afflicted."

Horace Walpole, in 1743, thus refers to the houfehold :6 — "I am juft come tired from a
family dinner at the Mafter of the Rolls, but I will write to you, though my head aches with
maiden fifters' healths, forms, and Devonlhire, and Norfolk."

And he adds as a note, perhaps to account for the Norfolk element, and his admiftion to
a family party: — "William Fortefcue, a relation of Margaret, Lady Walpole;" in which I
imagine he is in error. Lady Walpole, it is true, was a coufin of Hugh Fortefcue, Lord
Clinton, but I cannot find that fhe was related to the Mafter of the Rolls.

1 I am indebted to Mr. Moy Thomas of Oakley Cottage, Upper Cheyne Road, Chelfea, for calling my
attention to thefe papers. Cotton MS. Plut. 4809, &c.

2 Letters of Countefs of Suffolk, vol. i. p. 202. 3 Bowles's Pope, x. 226. 4 Ibid. vi. 299.

5 Letter from Right Hon. Sir J. Willis, in Nichol's Literary Illuftrations, vol. iv. 394.

6 Walpole's Letter to Sir H. Mann, May 19, 1743, Cunningham's Edition, vol. i. 247.

Right Hon. Willia7n Fortefcue.

163

His other fifter-in-law, Elizabeth, furvived until 1768, having fucceeded to the Fallapit
property upon the death, in 1752,1 without furviving iflue, of her niece, Mary Fortefcue,
only child of the Matter of the Rolls, who had inherited Fallapit from her mother, and
Buckland-Filleigh from her father, and married, in 1733 or 1734, John Spooner, Efq., by
whom me had an only child, Mary, who died an infant ; Buckland-Filleigh pafling to a
coufin, John Fortefcue of Bampton (fon of George Fortefcue of Taviftock, uncle to William
Fortefcue), who was the laft Fortefcue pofleffor of the eftates.

William Fortefcue to Mrs. Howard.-

Inner Temple, July ijl, 1726.

Madam,

With this you will receive the Hiftory of the Sevarambi,3 which I promifed
your ladyfhip. It is a constitution of government quite different from any that hath yet
appeared in the world, and I think much the beft. By that only inftance of making money
of no ufe either to the neceflities or pleafure of life, what a train of evils are at once pre-
vented? And how happy, of courfe, mud a people be, when doing good and loving their
country are the only means of efteem and preferment !

I am, I believe, the only perfon who thinks it real; and were it not for fome few things,
and fome few friends whom I do not care to leave, I fhould certainly be for taking a voyage
thither. Nay, I am fo far gone in extravagance that, as this wife people have always perfons
refiding in every country, I hardly fee a tall man in an American drefs but I take him to be
one of them, and can fcarce forbear afking him a hundred queftions about Sporoundi and
Sevarinde. I make no doubt but you will laugh heartily at me; and mall be very happy
if either the book or my folly give you any diverfion.

I hope to be able to do myfelf the honour of waiting on your ladyfhip fome time next
week : be pleafed, Madam, in the meantime to accept of my humble thanks for your great
goodnefs to me when I was laft at Richmond, and give me leave to afture you that I ever
am, with all pofllble gratitude and truth, your lady/hip's, &c. &c.

W. Fortescue.*

William Fortefcue to John Gay.

Dear Gay,3

Not having heard anything of you to-day I fuppofe this may find you at
Chifwick ; pray give my humble fervice to Mrs. Pope, Mr. Alexander Pope the elder,

1 Burke's Commoners, article Fortefcue of Fallapit. 2 Afterwards Countefs of Suffolk.

1 A French Utopia, the fcene of which w as laid in South America.

4 From Letters to and from Henrietta, Countefs of Suffolk, 2 vols. 8vo., London, 1824, vol. i. p. 202.
6 Pope's Iliad Autographs, vol. i. 4807. Plut. cxiv. B. Brit. Mus.

164

Family of Buckland-Filleigh.

Mr. Alexander Pope ye younger, . . . and I'm juft going to forget the chief end

of my letter, which is yt Mr. -et has (as he fays) got a very eafy-going little horfe

which you may have ... 5 guineas; he rid him . . himfelf, and fays he knows
no fault in him : fo if you don't fucceed with my Ld. Burlington, (you) may at leaft
with him.

My head aches. I am, your moft affec1.,

W. F.

William Fortefcue to Alexander Pope.

Dear Sir,

The account Bowery left at my houfe yefterday of Mrs. Pope's continuing ill,
and your being out of order likewife, gives me the greateft uneafinefs in the world. I
would have waited on you myfelf but that I fear any company may be troublefome.

I have fent John to know how you both doe, and I hope he will bring me a better
account than I had yefterday.

Pray confider how much all your friends are interefted in your health, and how much
their happinefs depends upon it, for all our fakes, therefore, as well as for your own, let me
beg you to take all poflible care of it.

Same to fame.

Dr. Sir,

I am very much obliged to you for your kind letter, and am glad to hear that
Mrs. Pope is fomething better.1 Confidering how ill fhe is you can't expect her to recover
but by degrees, and therefore you ought to hope the beft ; but, above all, let me renew my
requeft to you to be careful of your own health.

I have fent John for the lead, and hope he will be able (to) procure fome to fend
with this.

I am, in the greateft hafte,

Dear Sir, Yours,

W. F.

Monday morning.

Remember me kindly to Gay.

Extracts from Judge (William) Fortescue's Diary while

on his Circuits.
Lent JJfizes, 1738-9, Oxford.

March 8.— I go to church about 10. The Vice-Chancellor waits upon us, and goes with
us in ye coach.

1 Mrs. Pope died in January, 1 733.

Right Hon. William Forte/cue. 165

One Mr. Perrott, formerly of Balliol College, but now Fellow of Oriel, preached a very
impudent fermon, viz., that God often inflicted national punifhments for the wickednefs of
ye King and Rulers. That this had been the fate of our nation formerly — for fome of thefe
caufes our nation now mourned even unto this day. He alfo faid that one great mifchief a
wicked King did his people was appointing ignorant Judges.

N.B. — We ware a pair of our gold law gloves to church.

Canterbury, July 13, 174 1. 15 Geo. II.

July 14. — I got to Canterbury by 10. The Sheriff met me with his coach juft within
the gate. I was in my riding-gown and tye wig, and I went directly to the Town Hall
where the Mayor and Recorder where in their robes. We opened the Commiflion and then
I went to the Sheriff's houfe, which was inconvenient and without the town, and put on my
full robes, from whence I came again to court.

N.B. — When I firft came to Canterbury I was informed yt one Mr. Bell the Pltf.v Atty.
a very pert young man, had ordered a dinner at the King's Head (N.B. — this is the Whig
Inn and the Red Lyon the Tory), where it feems I was to dine, and his Counfel, the Jury,
and WitnefTes being to dine there too. I was very angry to be treated in yt manner, and
fent word I would not dine there, and ordered Deavcs, C. Brackley, and my ferv" to dine
by themfelves, pay for what they had, as well as for my horfes, which they did. The
Sheriff faid he was very forry the Corporation did not entertain me, for they had made an
order only to get me lodgings, but that I mould be welcome at his houfe, and faid he would
get me anything I would have. I defired him only to get fome beans and bacon, a joint of
mutton or chicken, and a tart — fo I had thefe four dimes. Mr. Underwood dined with me.
I told him I thought it the duty of the Magistrates to take care of me as I was at fo much
trouble in coming to do ye town Juftice, and therefore whatever expenfe I put him to fhould
be allowed in his cravings. He faid he took it as a very great honour I would dine with
him, and I was fo pleafed with his kindnefs that I ordered a guinea among the ferv'* ; but I
foon repented my generofity, for he gave a bill for my dinner (he having fent for it to the
Red Lyon), for which I ordered Deaves to pay. It came to above \l. \os. od. and two or
three bottles of wine were left. Upon which I told him and his Under-Sheriff that they
need fend no bill of cravings for I thought the Sheriff had been paid for everything as much
as he deferved.

The Corporation had a treat for themfelves at the Red Lyon.

N.B.— Jofeph Green H. Sheriff",
a malfter.
Jofeph Sawkins Under-Sheriff.

1 66

Family of Buckland-Filleigh.

A Specimen of Scriblerus's Reports.

*■

Stradling verfus Styles.

Le Report del Cafe argue en le commen Banke devant toutes les Juftices de mefme le Banke, en le
quart an du raygne de Roy Jacques, entre Matthew Stradling, Plant, et Peter Styles, Def. en un
A£tion propter certos Equos coloratos, Anglice Pyed Horfes, poft. per le det Matthew vers le dit
Peter.

Le recitel. Sir John Swale, of Swale Hall, in Swale Dale, faft by the River Swale, K'. made his
del cas. Jaft Will and Teftament : In which among other Bequefts, was this, viz., " Out of
the kind Love and Refpe£t that I bear unto my much honoured and good Friend Mr. Matthew
Stradling, Gent. I do bequeath unto the faid Matthew Stradling Gent, all my black and white
Horfes."

The Teftator had fix black Horfes, fix white Horfes, and fix pyed Horfes.

Le Point. The Debate was therefore whether or no the faid Matthew Stradling fhould have the
faid pyed Horfes by virtue of the faid Bequeft.

Pour le PI. Atkins Apprentice pour le PI. Moy femble que lePl. recouvera.

And firft of all it feemeth expedient to confider what is the Nature of Horfes, and alfo what is the
Nature of Colours ; and fo the argument will confequently divide itfelf in a twofold way, that is to fay
the Formal Part, and the Subftantial Part. Horfes are the Subftantial Part, or things bequeathed ;
Black and White the Formal or Defcriptive Part.

Horfe, in a phyfical fenfe doth import a certain Quadrupede or four-footed animal, which by the
apt and regular Difpofition of certain proper and convenient Parts, is adapted, fitted, and conftituted
for the Ufe and Need of Man. Yea fo necefiary and conducive was this animal conceived to be to
the Behoof of the Commonweal, that fundry and divers A£ls of Parliament have, from time to time,
been made in Favour of Horfes.

Ist Edward VI. Makes the Tranfporting of Horfes out of the Kingdom no less a Penalty than the
forfeiture of 40/.

2nd and 3rd Edward VI. Takes from Horfeftealers the benefit of their Clergy.

And the Statutes of the 27th and 32nd of Hen. VIII. condefcend fo far as to take Care of their very
Breed. Thefe our wife anceftors prudently forefeeing that they could not better take care of their own
Pofterity, then by alfo taking care of that of their Horfes.

And of fo great Efteem are Horfes in the Eye of the Common Law, that when a Knight of the
Bath committeth any great and enormous Crime, his Punifhment is to have his Spurs chopt off with a
Cleaver, being, as Mafter Bra&on well obferveth, unworthy to ride on a Horfe.

Littleton, Sec*. 315, faith, If Tenants in Common make a Leafe, referving for Rent a Horfe, they
fhall have but one Afiize, becaufe, faith the Book, the Law will not fuffer a Horfe to be fevered ;
another argument of what high eftimation the Law maketh a Horfe.

But as the great Difference feemeth not to be fo much touching the fubftantial Part, Horfes, let us
proceed to the formal or defcriptive Part, viz., What Horfes they are that come within this Bequeft.

Colours are commonly of various Kinds, and different Sorts ; of which White and Black are the
two Extremes, and confequently comprehend within them all other Colours whatfoever.

BE MOKOHRABLIK WIU.U.M JPOHTJRSf.UE.

o
w

i— t

pq .

fa
O

13
U

fa
H

fa
i

H
H

< o
c

13 <u

c <2

Z Q

w o

pa o

■7! K

o a

Woo

zO o
33 '

5 J Q

cS ^ .

C 13

g .S2

*o c 5S
c° 0

3 ~ p,

J« Z O

-o o ta

. H K

tr! 10 ^

B <U S

< >f H

K O W

►J P <*- *

PS b

"a
s
e

ft, ^

. - , m

Z o «

3 w S
g

* .

«s a <

-t3 S

'-5 "P.

<y TO

£ ji"1 crioo

W o <a <tt

O _ be bp
2. 5 a a

00 CT*

-Co

o o

w £

« *
3 Q o

O O -

be C
.§ °

oj be

5 a=

h
K
O
13 ft,
C

res

<u o o
^3 J3 -C

Pi -tit:

CO CLi

< s

«S Q
E be

o CO

w
z

U T) *

<u ;3

m
. -<

5 « ^

o a c«

o 1>

.0.1

w w 0
- s

^ t- 0)

w _§ '-3

W - •» .
H T3 O
PS — 00 iX>

o - -

Right Hon. William Fortefcue.

1 67

By a Bequeft therefore of Black and White Horfes grey or pyed Horfes may well pafs ; for when
two Extremes, or remoteft Ends, of any thing are devifed, the Law by common Intendment, will
intend whatever is contained between them to be devifed too.

But the prefent Cafe is ftill ftronger, coming not only within the Intendment, but alfo the very
Letter of the Words.

By the word Black, all the Horfes that are Black are devifed ; By the word White, are devifed

thofe that are White ; and by the fame words, with the conjunction copulative , between them,

the Horfes that are Black and White, that is to fay Pyed, are devifed alfo.

Whatever is Black and White is Pyed, and whatever is Pyed is Black and White ; ergo, Black
and White is Pyed, and vice verfa Pyed is Black and White.

If therefore Black and White Horfes are devifed, Pyed Horfes fhall pafs by fuch Devife; but Black
and White Horfes are devifed ; ergo, the PI. fhall have the Pyed Horfes.

Pour le Defend. Catlyne Serjeant. Moy femble aP contrary, The Plaintiff fhall not have the
Pyed Horfes by Intendment; for if by the Devife of Black and White Horfes, not only Black and
White Horfes, but Horfes of any Colour between thefe two Extremes, may pafs, then not only Pyed
and Grey Horfes, but alfo Red or Bay Horfes, would pafs likewife, which would be abfurd, and againft
Reafon. And this is another ftrong argument in Law, " Nihil quod eft contra Rationem eft licitum :"
for Reafon is the Life of the Law, nay the Common Law is nothing but Reafon ; which is to be
underftood of artificial Perfection and Reafon gotten by long ftudy, and not of Man's natural Reafon ;
for " Nemo nafcitur Artifex," and Lesial Reafon " eft lumma Ratio :" and therefore if all the Reafon
that is difperfed into fo many different Heads, were united into one, he could not make fuch a Law as
the Law of England ; becaufe by many fucceflions of ages it has been fixed and refixed by grave and
learned men ; fo that the old Rule may be verified in it, " Neminem oportet efl'e legibus fapien-
tiorem."

As therefore Pyed Horfes do not come within the Intendment of the Bequeft, fo neither do thev
within the letter of the Words.

A Pyed Horfe is not a White Horfe, neither is a Pyed a Black Horfe : how then can Pyed Horfes
come under the Words of Black and White Horfes?

Befides, when Cuftom hath adapted a certainc determinate Name to any one thing in all Devifcs,
Feoffments, and Grants, that certain Name fhall be made ufe of, and no uncertain circumlocutory
Defcriptions fhall be allowed ; for Certainty is the Father of Right, and the Mother of Juftice.

Le refte del argument jeo ne pouvois oyer, car jeo fui difturb en mon place.

Le Court fuit longemcnt en doubt' de e'eft Matter ; et apres grand deliberation eu,

Judgment fuit donne pour le PI. nifi caufa.

Motion in arreft of Judgment, that the pyed Horfes were Mares; and thereupon an Infpeclion
was prayed.

Et fur ceo le Court advifari vult.

George Fortefcue, the third, but fecond furviving Ton of William Fortefcue of Buckland-
Filleigh, by Emyln Trofle, married, in 1697, Rebecca, fifth daughter and eventually heirefs
of Edmond Fortefcue of Spridleftone, and was father to John Fortefcue, who lived at
Bampton, in Oxfordmire, and to Rebecca Fortefcue, who married Caleb Inglett. George

1 68 Family of Buckland-Filleigh.

Fortefcue died a.d. 1700, and was buried in Taviftock Church, where there is a tablet to his
memory. His fon John inherited the family eftates at the death, in 1752, of Mary, only
child of the Matter of the Rolls. He died unmarried in 1776,1 and thefe eftates went
to the fon of his fifter Rebecca Fortefcue, who, through her mother, had alfo fucceeded to
Spridleftone.

She married, in 1726, Caleb Inglett, of Dawlim, Efq., and died in 1764, leaving, by her
hufband, a fon, Richard Inglett, born in 173 1 ; he married, in 1758, Elizabeth, daughter of
Lucy Wefton, fon of Stephen, Bifhop of Exeter, and fucceeding to the two properties of
Buckland-Filleigh and Spridleftone, took, in 1776, the additional name of Fortefcue. He
had one fon and three daughters; the fon, John Inglett Fortefcue, born in 1759, was
educated at Oxford, and held a commiffion in the Royal Horfe Guards (blue) ; he was
Lieutenant-Colonel of the North Devon Yeomanry Cavalry. This gentleman was obliged,
by pecuniary difficulties, to fell the ancient family property a fhort time before his death,
which took place at St. Servan in France, on the 24th of November, 1840, in his 82nd year.
The eftate had defcended to him by dired inheritance from Simon De Filleigh, a.d. 1154, in
the reign of Henry II., through a long line of anceftors : Filleighs, Weares, Denzilles, and
Fortefcues.

Colonel Inglett Fortefcue married, in 1788, Ann, daughter of Thomas Sanders, of
Exeter, and after her death, in 1 8 1 8, a fecond wife, Sarah, daughter and co-heir of James
Marwood, Efq., of Sutton in Devonfhire. By his laft wife he had no ifTue. By Mifs Sanders
he had an only fon, John Dicker Inglett Fortefcue, born in 1785, and died in i860. He
lies buried in the family vault at Buckland-Filleigh.2 At his death, without ifTue, the re-
mainder of his father's property devolved upon the ifTue of his father's three fifters. Thefe
were Margaret Wefton, who married Peter Churchill, Efq., of Dawlim in Devon, and left no
ifTue; Elizabeth, married to John Davy Foulkes, Efq., of Medland in Devon, who left
ifTue ; and Ann, married to John Brickdale, Efq., of Weft Monckton in Somerfetfhire, and
of Stoodleigh in Devonfhire, who alfo left ifTue. Her eldeft fon, John Fortefcue Brick-
dale, Efq., of Birchamp Houfe, Newland, Gloucefterfhire, a Magiftrate and Deputy
Lieutenant for that county, aflumed in 1861 the name and arms of Fortefcue before
his own.

This gentleman, who, with much courtefy and kindnefs, gave me valuable information
about this branch of the family, died in the year 1867. He was fucceeded by his fon, the
prefent Mr. Fortefcue-Brickdale.

Pedigree in Stemmata, p. 20.

2 See Infcription in Buckland-Filleigh Church.

FAMILY OF DROMISK

Sir Faithful Fortescue, 3rd fon of John Fo
land-Filleigh, by Susannah, dau. of Sir Jof
Raleigh, buried May 29, 1666, at Carifbrook

Chichester, a Lieut. -^Elizabeth, dau. of Sir Wil-
Col. in the Army, M.P. liam Slingsby of Kippax,
for Charlemont, died Yorkfhire. She re-mar. the
1642. 1 ft Viscount Purbeck.

John, a Capt. in the Army ;
killed by the Rebels in Ire-
land about 1642; unmar.

Sir Thomas, a Col. in=
the Army ; born 1 620 ;
fucceeded his father ;
died 1710.

:lft, SYDNEY,=2nd, ElIZABEt!

dau. of Col. of Sir FerdinI

KlNGSMILL,

fon of Sir
Francis
Kingsmill of
Sidmonton,
Hants.

Cary, grandfol
Lord Hunsdo

Elizabeth, died a.d.=Sir Richard Graham
1705, leaving iflue. of Norton Conyers.

Thomas of Dro-=pANNE, dau. of,

mifkin, mar.
1716 ; died
1725.

John Garstin,
Efq., of Bra-
ganftown.

Sydney, mar. to
Thomas Bolton,
Efq., of Knock,
died 1749.

Gertrude, mar.
to Thomas St.
Leger, fon of Sir
W. St. Leger.

Chichester, M.P. for Trim,;
born June, 1718; mar. 1743;
died 1757.

:Hon. Elizabeth Wel-
lesley, dau. of Richard,
lft Lord Mornington.

John,

born

1719.

—

lft, Hon. MARY=pTH0MAS,=p2nd, Mary,

Anne, born 1 720 ;
died unmar.
1751.

(1) Chichester, eldeft fon, of Donoughmore=
Down, a Col. in the Army; mar. 1681.

Lettice,
mar. Rev.
Thomas
Tisdall.

Anne,
un-
mar.

Frii
Efq.

Thom
b. 16*

d. 176!

William Henry, Earl of= Frances, dau. of
Clermont, born 1722 ; Right Honble.
died 1806. General
Murray.

Pakenham,
dau. of Lord
Longford,
mar. 1770.

M.P. for
Trim, b.

1744;
d. 1778.

dau. of
Edward
Nicholson,
Efq.

Richard,
born

1749;
died

1774-

Admiral Sir;
Chichester,
born 1750;
died 1820.

FRANCES

Anne, d.
ofD.
Jones,
Efq., of
Bensfort.

Gerald,
born

1751 ;

died
1787.

^Eliza-

beth,

dau. of

John

Tew,

Efq.

Eliza- =5th Mar-

l__

BETH,

born
April 3,
1745,
died
Dec. 27,
1787.

QUIS of

Lothian.

Thomas James,
of Ravenfdale
Park, M.P.,
born 1 760 ;
died 1795,
unmar.

Chichester,
died an
infant.

Eliza-
beth,
died
young.

Anna Maria, born
July 6, 1773 ; mar.
Jan. 1802, to Wil-
liam Parkinson
Ruxton, M.P. for
Ardee ; died Aug.
25, 1865 ; no iflue.

Chichester, born Aug.-
12, 1777, M.P. for Hills-
borough ; Lieut.-Col.
Louth Militia ; mar.
1809 ; died Nov. 25,
1826.

Martha Angel, dau. Harriett,=Right Hon

of S. Meade-Hobson,
Efq., of Muckridge
Houfe, Youghal ; (he
died Nov. 25, 1824.

mar.
1812 ;
d. 1816,
leaving
iflue.

George
Knox, fon
of lft
Viscount
Northland.

Thomas, Lord Clermont,=Lady Louisa G. Wandesford
born March 9, 1815 ; Butler, 3rd dau. of James,

mar. Sept. 26, 1840. Marquis of Ormonde.

Chichester Samuel, Lord Carling-=Francis, Dowager C01
ford, born Jan. 18, 1823; mar. Jan. Waldegrave, dau. of J
20, 1863. Braham, Efq. ; died Ju

1879-

N AND RAVENSDALE.

scue of Buck-=
Chichester of
le of Wight.

Hon. Anne Moore, dau. of ift
Viscount Moore, died 1634.

Roger,

unmar.

Garret,
unmar.

William,
unmar.

(1) Lettice, mar.
to Sir Thomas
Meredith,
Knight.

(2) Eleanor, mar., lft,
to Thomas Burnet,
Efq., killed in the fer-
vice of King Charles I.
2ndly, to Brent
Moore, Efq., of the
family of Moore Place,
in Kent.

(3) Mary,
unmar.

(4) Elizabeth,
unmar.

(5) Alice,
unmar.

ide, dau. of Francis Hall,
Mount Hall, Down.

(2) William of Newragh, born about 1 64 1 i=7=MaRO ABET, dau. and heir of Nicholas
a Capt. in the Army; mar. 1 68 1 ; d. 1734. Gernon, Efq., of Miltown, Louth.

^Elizabeth, dau. of James
Hamilton of Tollymore,
filler of I ft Earl of
Clanbrassil.

Chichester
of Dellin,
died 1747,
unmar.

Matthew,
R.N. (See
Stepbenjlown
Pedigree.)

1 1
Faithful of =pElizabeth, dau. .John, in Holy =j= Elizabeth , dau. of
Corderry ; M.P.
for Louth, 1727;
died 1740.

of Thomas

Tipping of

Caftletown

Orders, died
about I 782 ;
mar. 1729.

1 1

T Hon. James of =pMARY Henrietta, dau. of Margaret, born

•nfdale Bark, born Orby Hunter, Efq., of 1728; mar. Sir

died 1782. Crowland, Lincolnfhire. Arthur Brooke.

Faitiiful,-y"Maria, dau. of

Henry Bklling-
ham of Caftlebel-
lingham.

died June
4, 1785.

John Smith,
Efq., of Grange
Lodge, Louth.

(For the ijiue.fee Whiterath Pedigree.)

wr
I

rancis,
orn
742;
nmar.

William
Charles,
Viscount
Clermont,
b. 1 764 ; d.
1829, unmar.

George, Maria, born 1763; Charlotte, born 1760; Emily Grace, born

in Holy mar. lft, Capt. Sloper ; mar. Sir Harry Good- 1 778; mar. 181 1 to

Orders, 2nd, G. P. Barlow, Efq. ; ricke, Bart.; died 1842, Major Grantham

b. 1769; died 1853, having had having had one (on, Sir of Ketton Grange,

d. 1798, a daughter, Maria, died Harry James Good- Rutland; d. 1864,

unmar. unmar. ricke, d. unmar. 1833. no iflue.

Faithful of
Corderry, b.
1781 ; d. 1844 ;
mar. dau. of . . .
Burston, Efq. ;
no iflue.

ElIZABETiI,

mar. to
Captain
Barry ;
living in
1868.

I 1

T I I I 1 1

Richard,

Chichester,

Sydney,

Eliza-

Frances Anne,

Harriett,

Thomas, =

Louisa,

A N M .

sW. K. Hopkyns

born

born 1 794 ;

a dau.,

beth,

mar. lft, Kev.

mar. to

Civil Com-

dau. of

died

Nbsftv of

1792 ;

died 1876,

died

George Hamilton ;

K. Evan-

millioner

1 RANCIS

1864,

Oving Houfe,

died

unmar.

1841,

1822,

2nd, Kev. George

son, Efq.,

for Delhi.

Eagf.r,

leaving

Bucks.

1806,

unmar.

un-

H. Reads; died July

and died

born about

Efq.

iflue.

unmar.

mar.

1 875 ; leaving iflue.

1830.

1782; died

S.P.

1872.

1 1 1

' T 1 n

Martha Anne, b. Aug.=rREv. Edward M. Hamilton Mary Fi.orinda, Harriet Angelina,— David Urquhart
1 1, 1810 ; mar. Dec. 2, of Brown Hall, who d. May b. Awr. 5, 1818; b. Nov. 14, 1 824 ; of Cromarty, Efq.,
1828, and has iflue. 16, 1861. died 1820. mar. Sept. 5, 1854, who died May 17,

and has iflue. 1 877-

Sir Faithful Forte/cue.

Chap. XI.

The Forte/cues of Dromijkin and Raven/dale.

E now revert to a branch of the Buckland-Filleigh Fortefcues, beginning with Sir
Faithful Fortefcue, who was patted over in his place, in order that the narrative
of the elder line feated there might be carried down without interruption
to its clofe.

It will there be found that John Fortefcue of Buckland-Filleigh, who, by his firft wife,
was father of Roger his fuccefior, married, as his fecond wife, Sufannah Chichefter, daughter
of Sir John Chichefter, of Raleigh near Barnftaple, by Gertrude, daughter of Sir William
Courteney, of Powderham, and fifter to Elizabeth Chichefter, wife of Hugh Fortefcue of
Filleigh, now Caftlehill. By this fecond marriage John Fortefcue had iflue two fons, John,
the eldeft, who died unmarried, and Faithful, thefubject of this memoir; alfo two daughters,
Grace and Anne.

Sir Faithful Fortescue.

Sir Faithful, the fecond fon by the above marriage, his father's third and youngeft fon,
could hardly have been born later than 1581 ; for in the year 1606 he was made Conftable
of Carrickfergus Caftle,' a poft to which no one was likely to be appointed, in thofe warlike
times, at an earlier age than twenty-five years. We know almoft nothing of his youth ; he
tells us that he had his education, from coming young from fchool, with his uncle the
firft Lord Chichefter, "and," he adds, "by him the foundation of my advancement, and
fortune I acquired in Ireland."

Lord Chichefter firft went to Ireland in command of a regiment in the year 1598 or
1599, and Sir Faithful in all probability went with him; although I cannot find any men-
tion of him earlier than that of his appointment as joint Conftable of Carrickfergus, when
his uncle had been two years Lord Deputy.

Sir Roger Langford, Knight, was his colleague ; each of them having a fee of jj. 4^.
per day, and twenty warders, who muft be Engliftimen, under their command at %d. per
day each. Sir Faithful was afterwards fole Conftable with 6s. 8d. per day fee. There were,
befides the falary, large emoluments attached to the office. The Conftable received the
King's ftiare of the cuftoms of the port, and he and his warders had one hundred cows grazed

Sec the King's Letter of Oftober 14, 1661, in Appendix. Nov. 14th w as the date of the appointment.

170 Family of Dromijkin, etc.

free by the Corporation. He had alfo the tithe of the beft fifh that were brought into the
port, and a " fair lodging " in the caftle. He was always a perfon of high rank and truft,
according to McSkimmin, from whofe hiftory of Carrickfergus the foregoing particulars
are taken. This place was alfo called Knockfergus. It was long the chief feat and garrifon
of the Englifh in Ulfter. The caftle ftands well on the weftern fhore of Belfaft Lough,
where it is a confpicuous object.

His father, John Fortefcue, died early in 1604 (his will, dated February 10, 1603,
being proved on the 5th of May in that year) ; an event which could not have made much
difference in Sir Faithful's circumftances} for he was left only the modeft sum of fifty pounds ;
in thefe terms : —

" Item, I give and bequeath unto Faithfull Fortefcue my fon 50 pounds in money to be
paid within fix years next after my death." 1

To this was added, after the cuftom of thofe days : —

" Item to the faid Faythfull Fortefcue my fon, a good feather-bed with his bolfter, meets
and blankets, and alfo my fecond beft gelding (the beft had been left to his elder brother,
John, with 50/. and a feather bed) with his faddle and other furniture."

The family eftate charged with thefe two legacies, and with the comparatively large fums
of 300/. each for his two daughters — equalling about 3000/. each at the prefent value of
money— went to his eldeft brother, Roger.

Soon after he was eftablifhed at Carrickfergus Sir Faithful married the Honourable
Anne Moore, daughter of Gerald, or Garret, firft Vifcount Moore, anceftor of the prefent
Marquis of Drogheda, belonging to the family of Moor of Moor Park, in Kent. By this
lady, who died September 5, 1634, and was buried in St. Patrick's Cathedral,2 he had,
according to Lodge, no fewer than ten fons and fix daughters. Of thefe fixteen children
five died young.

In the year 16 10, 8th of James I., he obtained a patent granting " to Faithful Fortefcue,
Efquire, and Francis Blundell, Efquire, three parts out of four of the benefit of intrufions,
and alienations without licenfe, and concealed wardfhips in Cork county, the other fourth to
remain with the Crown."

And on the 27th of January, 16 12, another patent grants to him "the wardfhips of
Callough, otherwife Charles O'Connor, fon and heir of Daniel O'Connor, late of Sligo,
Efquire, deceafed." 3

Such were fome of the modes of rewarding the fervants of the Crown at that time.
In the year 1613 a new Parliament was fummoned; when many places in Ireland,
beyond the Englifh pale, returned members for the firft time ; among them was Charlemont

1 John Fortefcue's Will in Diftri& Regiftry Court of Exeter. See Appendix.

2 Lodge. 3 See Repertory of the Patent Rolls of Chancery in Ireland.

Sir Faithful Fortefcue.

in the County of Armagh, for which " Faithful Fortefcue, Efquire, of Dromyfkin," was
chofen member on the i2thofMay, 1613. This defignation mows that he had already
begun to live at Dromifkin, finding Carrickfergus and his Antrim manor too diftant from
the feat of Government at Dublin.

Dromifkin is incidentally mentioned in a contemporary narrative by Sir Edward Brereton,
who thus writes : "July 8, 1635. — We left Dundallce1 and came to Tredagh (Drogheda),
which is accounted fixteen miles, but they are as long as twenty -two miles. About five
miles hence, i. e. from Dundallce, we faw Sir Faithful Fortefcue's houfe or caftle wherein for
moft part he is refident, which he holds by a long leafe upon a fmall rent, under my Lord
Primate of Armath. This is a dainty, pleafant, healthful, and commodious feat, and it is
worth unto him about "

This leafe ftill continues, and Sir Faithful afterwards bought a confiderable freehold
eftate around it, ftill in the family. The caftle and grounds have long fince difappeared.

It does not appear that he remained at this period altogether in Ireland. In 1617 he
was in England, and in that year was knighted by King James. Chicheftcr ceafed to hold
the reins of government in the year 16 15, but Fortefcue continued in his poft, employed
under his fucceftbrs. His pofieflions continued to increafe; in the beginning of 1618 he
obtains a grant from the Crown, dated May the 30th, of the territory of Oinaghartie, and
all the lands which had been granted to Rory Oge Mac Cjuillane, by patent of the 10th of
March, 5th of James I. They were fituate in the Lower Clandeboye, in the county of
Antrim. The patent "ereds the lands into the Manor of Fortefcue, with one thoufand
acres in demefne, and gives power to create tenures, to hold Courts Baron and Leet, and a
monthly Court of Record ; to appoint Senefchals and Bailiffs ; to enjoy all waifs and ftrays;
and to impark one thoufand acres, with free warren, chafe, and park." He alio acquired in
the fame neighbourhood twenty-one townlands, forming in all a very extenfive territory.
The village of Galgorm ftands within its bounds. The greater part of this, however, he
fold within a few years' time, the licence to alienate being dated in 1624. It was fold in
equal fliares to two Scotchmen, namely, Mr. F.dmonftone, of Dunrcath, and Mr. William
Adair, Laird of Kinhilt, in Galloway. The fhare of this laft ftill continues in his family,
and is now the property of Lord Waveney, yielding about fix thoufand pounds a year.
Edmonftone's half, including the Manor of Fortefcue, parted by inheritance to the Moore
family, and was fold a few years ago by the prefent Earl of Mountcafhel, when part of it
was bought by its prefent owner, Lord Waveney. The Manor of Fortefcue is ftill designated
by that name.2 Sir Faithful alfo poflefled in Antrim the lands of Gortfadda,' and other

1 Brcreton's Journey, p. 134, printed by the Chetham Society.

2 For much of the foregoing information I am indebted to the Very Revd. Doctor Reeves, Dean of Armagh.

3 Inquis. Rot. Cone. I lib. Repcrtorium Ultonia, No. 1 20, Carolus I. (a. d. 1637), Antrim.

172

Family of Droinijkin, etc.

denominations not included in the foregoing territory. A rather remarkable relic of Sir
Faithful's occupation of his Antrim eftate came to light fome years ago, namely, an ancient

feal of arms, as mown in the annexed woodcut, with the
words " S. Richart Fortefcu." It was found either upon or
clofe to the former Fortefcue property. The arms are thofe
of the Norman F'ortefcues, viz., a bend, not engrailed, be-
tween two bendlets, quartering the arms of the Englifh
Fortefcues, where the bend is engrailed. This coat implies
a marriage-alliance between one of the Norman and one
of the Englifh houfes. The feal has been pronounced
by experts to be French of the fourteenth or fifteenth
century. Eighteen years later, in the year 1863, when examining the roll, dated a. d.
1628, of the proofs of the defcent of Sir Nicholas Fortefcue, already defcribed. in a
previous chapter, I perceived that the feal above mentioned was identical with one figured
upon that document, with an infcription below it, as follows : 1 — " Hasc figura refert figillum
antiquum Familiae Fortefcutorum nuperrime repertum a Nobiliflimo viro Fideli de Fortef-
cuto de Filley Equiti aurato inter numifmata Johannis Terdefkhen Belgi qui habitat Lam-
beth trans Tharnefin Londini." Thus in a very unexpected, way the pofleflion by Sir
Faithful of the feal found in Antrim was proved and accounted for.

About the fame time 2 he acquired lands in Down, near to Scarva, by purchafe from the
native family of Maginnis. This eftate, which was foon very thickly "planted" with
Scottifh fettlers, remained in his direct defcendants until the year 1827, when it was fold,
during the minority of the writer of this account, by his guardians, to the late Marquis of
Downfhire for ,£68,000. The diftrict is ftill known in the neighbourhood as " Fortefcue
Eftate."

Fortefcue was, in 1624, appointed to the command of a company in the contingent
raifed to ferve under Count Mansfeldt in the Low Countries againft Spain and Auftria ;3

1 It is thus in Englifh : — " This figure reprefents an ancient feal of the Family of the Fortefcues, lately
found by Sir Faithful Fortefcue of Filleigh, Knight, in the collection of John Terdefkhen (Tradefcant) a Fleming,
living at Lambeth beyond the Thames, in London." This collection of antiquities was afterwards placed in the
Afhmolean Mufeum at Oxford. The feal was dug up near " the Old Battery," at Portglenone, on the 15th of
January, 1845, together with fome human bones and fome coppeF coins of Louis XIII. of France, dated 1634.
A wax impreffion from the original was fent to me by a relation of the Alexander family, the prefent proprie-
tors of Portglenone, a few months after the difcovery, and from it the woodcut was made. The feal itfelf has
been fince lost or miflaid. There were feveral perfons named Richart Fortefcu in Normandy in the fifteenth
century, but we have no record of any intermarriage with an Englifh namefake.

2 Inquis. Rot. Cone. Hib. Repertorium Ultonia, No. 35, Carolus I. Down.

3 See the letters of Chichefter to Conway, dated Sept. 1624 and Nov. 3, 1624, and of Conway to Chichefter
Nov. 17, 1624, in the State Paper Calendars, Domeftic, 1623-25.

Sir Faithful Fortefcue.

out as there is a letter, here given, written by Lord Chichefter, then fitting as a member of
the Council of War, to Secretary Conway, making intereft with the Duke of Buckingham,
the King's favourite minifter, to get for Sir Faithful in exchange a company in the troops
defigned for Ireland, it is unlikely that he ever embarked for the Continent. The defired
exchange was, at all events, effected, and he employed himself in 1625 in raifing men for
the Irifh fervice in Cumberland. We find a lift of fifty names 1 of men levied for him by
the Deputy Lieutenants of that county in March of that year.

Lord Chichester to Secretary Conway.2

Sir,

Upon the receite of the inclofed from your brother, I thought it not amifle to haften
them unto your honor, for that I conceive in fome poyntes he expects anfwer or advice
from you, and I have now a meflenger by whom I maye tranfmitt it unto him if you pleafe
to fend it me.

I geve you hartie thankes for fettinge downe my nephew Frances Bafiett for a captain
in this employment under the Count Mansfeilde, he fhall do as others do albeit in my
opinion they are to receive the Commaund of their men upon hard conditions, if your fervant
miftooke not your directions in penninge the letters : wee underftand not how manie men
fhall be under a cullers, nor who are the collonclls nor the divifion of the Captains under
the collonclls, upon what foote they fhall ferve for paye ; in thefe and fome thinges elfe wee
of the Councell of Warr have prayd your honors more ample and playne directions.

In the late lift I finde my nephew Sr. Faythfull Fortefcue, I never fought to gett him a
companie in this employment under Count Mansfeild, but I prayd my Lord the Duke to
honor him with the commaund of one of the companies to goe for Ireland, and I prayde
your honor to further my Sute unto his Grace in his behalfe, and to putt his Lordfhip in
minde of him when tyme ferves (as now I thinke it will.) your brother writt unto you in
his behalfe and in placinge a companie upon him you will do us all a great kindnes wourthy
acknowledgment.

As SirCary Lambeart writtcs unto me he was promifed a companie in this emplovement
with the Count, if it pleafe my Lord the Duke and you he maye have this companie alligned
to Sr. Faithfull Fortefcue, he is a brave younge gentleman and in conferringe of a companie
upon him it will be a teftimonie that the fervices and deferts of his father are had in Remem-
brance.

The Earle of Thomound now with God, had a Troope of horfe and a companie of

State Paper Calendars, Domeftic, 1623-25, March 16, 1 625.
State Paper Calendars, Domeflic, 1623-25.

>73

174 Family of Dromijkin, etc.

foote in Irelande, his fonne is a noble lord, and beinge countenanced and fupported will be
able to do the Kinge and Kingdome great fervice in thofe parts, I wim he might retayne the
companie of foote, or beinge otherwife difpofed that he might have one of the companies
now to be fent thether, which I conceive to be wourthy of as much confideration as anie one
perticulare concerninge the good Governement of thofe parts as anie that can come into
debate which I recommend to your noble refpect of the younge Lord and of the publique.

In our memorialls unto you, I finde that the care of fendinge minefters of the worde of
God with thefe Troopes to goe with the Count Mansfeild is omitted, thofe that goe anie
wher, or into anie action without Gods bleflinges can not profper, and how can wee expect
that God will blefle our indevours when wee neglect to ferve him, and how can foldiars ferve
him without teachers to inftruct and call upon them to humble themfelves before him ; I
praye thinke upon this as a matter of greateft moment and fpare not to putt the Kinge in
minde of it, his majefties owne fpeeches are A fore principium.

I am your honors in much love and fervice

Arthur Chichester.

Weftminfter the 11th of November 1624.
Att neight.

(Indorfed) For Sir Edward Conwaye Knight
principale Secretary of State.

Lord Chichefter died in London on the 19th of February in the year 1625. His
remains were taken for burial in the following October to Carrickfergus, where Sir Faithful
attended the funeral.1 He there, at the head of the body, carried the banner of Courtenay
of Powderham, while his fecond fon, John Fortefcue, carried at its feet that of Bourchier,
another Devonfliire name.

From the letter which follows it would appear that he was able at this time, while ferving
with his company, to reflde in his own houfe at Dromifkin.2

Noble Sr

This bearer Geo: Gernon a fouldier of my company had a Nagg stowlen from him by one
Henry Backagh McArdell as he fuppofeth who now dwells upon M'. Talbotts land of Caftle Ring. I
befeech you take the matter into yo1 confideracon & proceede therein as you in yo' difcretion mail
thinke meete, affording this honeft man yor power in healping him to his Nagg & apprehention of
the Theefe.

1 Ulfter Journal of Archaeology, vol. ix. p. 196.

2 Sloane MS. Brit. Mus. The feal attached to this letter is the original of the woodcut on the oppofite page.

THE HIGUT WISH AND VALIANT ARTHUR CIIR'HKSTER, FIRST LORD (.11 U 1 1 1- I I I:

{Frvm an vltl I'rint).

Sir Faithful Forte/cue. iy5

I told you what a receptacle of Theeves thofe lands of Caftle Ring weare, & how they weare
prefented by Jury at a Quarter Seflions held at Ardee whereupon I layd my fouldiers on them till they
weare taken oft' by my L. Deputies warr". as you may fee by thefe inclofed coppies, w'h will allfoe fhew
you the names of fuch malefactors as weare prefented by the Jurye. There now corns to you w,h this
bearer a Tenant of myne one Tyrlagh Kindalan who had 15 Sheepe ftowlen from him upon Tuefdaye
lafte at night & weare droven over the Bridge of Afane by 2 men as he heeres, By this you may
underftand what reakes are playd by the Borderers, who y' feems have (harpe hungry ftomakes, that
will fteale leane fheepe at this feason of the yeere. Pray afforde the poore man what afliftance you
may for recovery of his Goods, And thus being in hafte I give you to my Brother Floyd the remcbrance
of my fervice and ame

Yor affectionate true frind to ferve you,

Fa"yth: Fortescue.

Druniifkin, 15 Febr: 1627.

Addreffed

To my hohl(' good friend
Sr. W,n. Windfor, Kn'.
thefe at Ardee.

Sir Faithful drew up the following (ketch of Lord Chichefter's life : —

An Account of the Rt. Honourable Arthur, firjl Lord Chichester, Lord Deputy of
Ireland, by his Nephew, Sir Faithful Fortescue, Knight.

Arthur Lord Chichefter, Barron of Bellfaft, in the county of Antrim, in the Province of
Ulfter, in the north of Ireland, was a younger fonne of S' John Chichefter, of Rawly, near
Barneftable in Devonfhire,1 where he attained to cappacity for the Univerfity ; he was fent
to Oxford, and was of Exetter Coledge. He was only a Gramer Schollar, and being very
active, ftrong, and Ingeinous, tooke affection to a millitary courfe. He went firft into
Ireland, takeing with him for companion Bartholemew Fortcfcue my Fathers younger
Brother, whom he much loved, and he being, as I have often heard his Lo1'. fay, very good
company, a valiant ftrong man, and one of the beft wreftlers in thofe times ; they ftayd
awhile with Sr. Georg Bourchier, who was then Mafter of the Ordinance in Ireland, and
fonne of the Earle of Bath, and Father of this Earle, a noble gentleman. They had been
actors (with other young gentlemen) of a youthfull rafh trick in England, for which they fled
into Ireland, and when their friends had obtained their pardon of Queen Elizabeth they
returned to England, foon after my Lord Chichefter (who was then but mafter Chichefter)
adventured abroad for advancement, and ffortefcue turned fea Cap1, and died in that

By his wife Gertrude, daughter of Sir William Courtcnay, of Powdirham.

ijb Family of Dromijkin^ etc.

imploymt. Chichefter was afterward made Cap1, of one of the Queen's beft mips, under
command of the Lord Sheffield, at the fea fight with the Spanifh Armado in 88.

He had the command of one of the Queen's mips with 500 men in S\ Francis Drake's
laft voyage to Weft Indies. Sr. Francis then died there.

He was a vollunteer in the Earle of Eflexe's voyage to Spayne, and at Cades, Cap1. Paul
Chichefter, who was an able darring man, being flayne with a bullet, the E. of EfTex gave
him his company : he was Sergeant Major Gen", of the Queen's army in Pickardy, under
command of Sr. Thomas Bafkerville, and at the fiege of Ameons was fhott in the moulder,
and for his courragious good fervice, then (and in thofe warrs) was knighted by King
Henry the fourth. When thofe Civill warrs were ended he went into the Low Countries,
where he had a company of 200 men which then was his fubfiftance, but Sr. Rob'. Cicell,
Secretary of State to the Queen, being very much his noble friend, telling her Majeftie what
pitty it was fo able a gentleman mould bury his time in that country with a fingle company,
he haveing imployment for him in Ireland where his brother Sr. John Chichefter was flayne
with a bullet,1 got leave of the Queen to fend for him (he being then garrifond at Oftend)
and to employe him in the Service of Ireland, with a Regm1. of 1 200 men, with which
command he was fent thither, and according to his commiffion landed them with himfelf at
Dublin, Sr. Adam Loftus of Rathfernam. Lord Chancelor, and Sr. Robert Gardner, Lord
Chiefe Juftice, being Lords Juftices in the intervale between the death of the Lord Burrows,
Lord Deputy, (who dyed at the Newry) and the comeing of the Earle of EfTex, Lord
Lieutenant.

From Dublin he was fent with his Reg1, to garrifon at Tradath.2 Within a fhort time
after the Earle of EfTex arrived at Dublin with the Gallantree of England, and hearing
much in praife of Sr. Arthur Chichefter, and perfection of his Regment, made a jorney
purpofly with his Gallants to fee them, and Sr, Arthur haveing drawn his Regm1. up in a
fayre field and exercifed them perfectly (at which he was excelent) they being in clofe order,
the Earle thinking to put a fally on them by breaking thorow them, charged at them with
his Galant Cavallrie, but the Collonell (not being ufed to receive foyles) had fo ordered his
Pikes as they forc't the Earle to a carry coale, and upon his wheele a faucie fellow with his
Pike prickt his Lords1', (faveing yr reverence) in the rump, and made him bleed, 'fo, he
haveing enough of that fmarting fport, he retreated, giveing the Collonell and his Reg1, high
Prayfe ; his Lord1', ftayd but a fhort while in Ireland ; then came Sr. Charles Blunt, Lord
Mountjoy, Lord Deputty, and was after Earle of Devonfhire, who within few moneths made
Sr. Arhr. Chichefter Serjeant Major Gen", of the Army, he well knowing his ftrong
abillityes in ffrance, and the Low countries, where they had been intimate friends. Sr.

1 He was killed by the MacDonnells of Antrim in 1597. It is to be remarked that this Sir John had an
elder brother, alio Sir John, who died at Exeter in 1 585. 2 Now Drogheda.

Sir Faithful Forte/cue.

177

Harry Danvers who was afterward made by K. James Lord Danvers, and Earle of Danby,
was before Major Gen". About fix moneths after, he was made Governor of Carrickfergus,
and thofe parts, which being fo farr off from the Lord Gen", as he coud not attend to
receive and diftribute his orders, Sr. John Barkly was made Major Gen", who about a year
after was flayne with a bullet on takeing of an Ifland in a Lough called Maherle'coo, in the
County of Armagh.

Then was Sr. Arthur Chichefter made Major Gen", againe, and at length had that office
by Patent dureing life, and after his invadeing the County of Tyrone by boats over Logh
Neagh from Mafierin, in the County of Antrim, and raifeing a fort at his landing place,
which was after named Mountjoy, he was made Govern', thereof and the adjacent contry, by
Pattent, and Admyrall of Logh Neagh, by the name of Logh Chichefter.

The next year, the Queen dying, King James made the Lord Deputy Mountjoye Lord
Lieutenant of Ireland, and Sr. Arthur Chichefter, Sr. Harry Doewry, andS'. Wm. Godolphin,
privy Councellors of Ireland, which was when they were upon their march with the army
in Munfter to reduce the Citty of Waterford, Cork, and Limerick, that rebeled and wold
not proclyme King James as their King ; but they were forced to it, and fome of the chief
actors hanged at Cork.

The next fpring the Lord Lieut, went for England, all being at Peace in Ireland, foe
did Sr. Arthur Chichefter ; and S'. George Carry of Cockenton, in Devonfhire, who was
then Treasurer in Ireland, was for the prefent left Lord Deputty ; and about 2 years after,
or Iefs, it being in 1604, Sr. Arthur Chichefter was made Lord Deputty, which he held
twelve years, which was longer than ever any did before or fince; and towards his end of
that Gover'. he was made Barron of Belfaft, his own town, and after his rendering up of the
Kings fword, was made Lord high Treafurer of Ireland. Then he retyred to his eftate and
Gover1. in Ulfter, and about 3 years after was by letter from King James calld into England
and imployd Ambaflader to the Princes of the union in Germany ; and in ftiort time after
his returne was made one of the Councill of war, and within few moneths, one of the Lords
of the Privy Councell of England, and in few years after dyed at London much lamented
by all that knew him. He was burried at Carrickfergus, where he had built the nobleft
Houfe in the kingdom, and had prepared a neat Tomb to receive him when God fhoud
pleafe to fend him to it.

He was one fo farr from Ambition and covetoufnefs that he, neither by friends nor of
himfelf, moved for advancement Millitary or Civill, but ftill it was conferred on him un-
fought, as all thofe commands and honours were which he had by the favor of Sr. Rob'.
Cicell, Earle Salifbury, the Earle of Devonfhire, and laftly, from King James ; foe likewife
was his Knighthood by the King of France ; all which certainly wold not have been laydon
him had he not been a very meriting man, and of fuch deportment as gained him generall
good opinion and love.

i78

Family of Dromijkin^ etc.

To my knowledge, the Earle of Devonfhire, in time of his being Lord Deputty, fayd
he wonderd at Sr. Arthur Chichefter, for others preft him for many things, but he for
nothing ; but grumbled like a Right Weftern Man, and that he had twice made him Major
Gen", and given him two Govern15, thofe of Carrickfergus and Tyrone, and knew not what
more to do for him at prefent, but make him Lieut'. Generall of the Army, which he wold
doe if he found him grumbling ftill — and then, unless he could make him Gen11, and Lord
Deputty, he had done as much as was in him to do for him ; at length he made him both,
loveing of him very much.

He never fought the honnor of a Barron, nor knew it was comeing to him untill the firft
Lord Caulfield, who was then Sr. Toby Caulfield, brought him a Patent for it from the
King, as a prefent from Sr. Humphry May, who had in England the manage and difpofall
of all Iriih affaires, and procured it for him, loveng Him heartily, they being ancient
acquaintances and friends.

I well knew that when King James, by his letters of favor and grace, called my Lord
Chichefter into England in 1613, he being then Lord Deputy, Sr Humphry May (who had
ftrong power with the King) offerd to get him made an Earle, and, as I heard, Knight of
the Garter, if he would but court a little the then Favorite, the Earle of Somerfett, which he
faid he could not doe, and that he had more honnor by being a Barron than his Eftate could
(becoming a Noble Man) fupport.

He moved not to be a Privy Councellor of England, King James knowing well his
abillities, his well deferveings, and his difcreet and honorable manage of his Negotiations in
his Embaffage in Germany, did it of himfelf.

He was noe very good orator, but had a fingular good Expreffion with his pen, fublime
and fuccinkt, according to the fubject whereof he wrote, and the perfon to whom ; his letters
to King James were fo acceptable, as he gave him encouragement and command to write
often to him ; and once, when the King received a letter from him, he gave it to his
favorite, Somerfett, bidding him learn it without book, faying he had not received fuch a
letter fince he was King of England — and the Secretary of State, the Earle Salisbury, and
Lords of the Councill, would give the Lynes high prayfe. He was a greate Statefman, and
good Common-wealths man, and as knowing, able a Souldier as any of our Nation in thofe
Tymes ; he was a carefull performer of his managements, and keeper of his word ; noe man
knew his compofition and difpofition better than myfelf, therefore I may, with confidence and
truth, fay this : that he was a man of great Honor, Piety, prudence, Juftice, bounty and
valour; very Hofpitable, Charitable, affable, and excellent good company within and with-
out Doors, being a lover of all civill becoming sports, games, and recreations. His Eftate
was all of his own acquifition by faire purchafe, only the King gave him Sr. Cahier
O'Dogherties country, it being by his rebellion Efcheat to the crown ; and he, with his
adherents, being cutt off by the induftry and activity of my Lord Chichefter, that land was

Sir Faithful Fortefcue.

179

then worth about 1000/. a year within thofe times of danger; and in that Kingdom, and
at the furtheft point North, was noe great Gift or reward from a King to a Subject that had
been 12 years his Viceroy, and fo well a Deferver.

His eftate, being about 8000/. a year, he left to his good brother, Sr. Edward Chichefter,
who alfoe inherited his honnor of Barron of Belfaft, and in fhort time after was made Vifn'.
of Carrickfergus and Governor of that towne and country, and 3 or 4 years before his death
his fonn was made by King Charles Earle of Dunnagall in the North of Ulfter, in which
country he hath 20 miles of land at leaft; he was bred with and by his noble uncle Arthur
Lord Chichefter, and in much is a good coppie of that originall. Upon the grand horrid
rebellion in Ireland, he advanc't, at his own charge, a Regm'. of horfe, and a Regm\ of
foot, for the Service of the King, and did very acceptable Service, he being a gallant gentle-
man, couragious, fteddy, juft, and noble-hearted.

With the firft Lord Chichefter, that man of great Honor and noble Endowments, I had
from coming young from fchool my education, and by him the foundation of my advance-
ment, and fortune I acquired in Ireland.

Ffayth: Ffortescue.

In 1632 Lord Wentworth (afterwards Earl of Strafford) was appointed Lord Deputy;
he, before his arrival in Ireland, commiffioned Sir Faithful to raife him a troop of horfe, an
honour which he grumbled at considerably on the fcore of trouble and expenfe without pay
or profit, as detailed in the following ftatement : —

Sr. Faithful Fortescue's relation of paffages of the Earle of Strafford, concearmng
himfelfe, giuen to y' Ld. Lieut, in y yeere 1645.

About 15 monethes before the Earle of Strafforde came Lord Deputie into Ireland hee
fente mee a warrant to raife him a Troope of horfe and cofnanded them as his Capt. Lieu',
vnfought or vnknowne to me vntill my receipt of the warrant, and wIhin i6dayes after I had
his Troope full in the Fickle of proper men well horfte (as is well knowne to fome yet in
beeing in and neare Dublin) And condicoiied w"' them not to expe<5te pay vntill the arriuall
of his Lop. in Ireland, or untill they fhould bee prefented vnto a mufter from w'h I kepte
them notw'hftanding the Mufter-M'. Generall called often at mee to giue him a lifte and
view of them vntill his Lo1'. came over, by w'Meuice I brought all their pay for 13 monethes
into his Lo1'8. purfs, but fome fortie or fiftie pound w'h I diltributed amongeft them at feucrall
times to encourage them wlh chcerfulnefs and patience to attendance, they belecuing that his
Lo1'. at his coming would giue them fome handfome confideracon for it. But his Lo1'. wthin
few dayes after his arriuall difcharged 40t,<: of them at a blow to make roome for his gentle-
men and other feruants and gaue not them, nor any of the reft that ftayed in the Troope any
thing, But left them to clamour and rayle at mee for theire foe coarfe ufage hauing kepte

i8o

Family of DromiJkiny etc.

themfelues and horfes foe longe without pay, Howfoeuer I not only fhuffled them of ill—
fauoredly but agreed wth thofe that remained, toferve for loli. a yeere and keepe theireowne
horfes, foe did I wth all other that afterwards came into the Troope, foe as I faued to his Lop.

5 s. out of euery mans pay yearly, untill the pretended expedition to Scotland or North
of England or I know not wheare, for then his Lop. ordered mee to giue them the kings full
pay wch accordingly I aflured them but could not get it for them, foe as they likewife bauld
at mee as thinking mee faulty therein and I loft love with them.

When this unfortunate imployment to mee was caft on mee my refidence was at my
poor home in the Countie of Louth (where I could haue lived at more eafe to my perfon
and purfe, then I did during my attendance on his Lop. but to (hew my thankfulnefs to him
for the honor he had done mee in making me his officer foe frankly wlhout my feeking, I
(to bringe myfelfe at a nearer diftance of attending his person and feruice) bought a leafe of
a houfe in Dublin which coft mee two hundred fine and ten pound a yeare rent, remoued my
wife and family from home thether, putt my felfe to an expence with men horfes and many
other waies more then I needed to haue done in the Cuntry, waited on his Lop. in England,
and euer wth affection and diligence attended him and his feruice, and I thinke liued foe be-
coming a gentleman and his officer as I did him noe difhonour nor difleruice, and neuer had
anything of him in all his time, but a hundred and twenty pounds or thereaboutes, being part
of my entertainment wch at twife hee fent mee ; indeed I thought he would haue given
mee fome caft of his fauor fome time or other wch induced mee to make fome reafonable
requeftes to him but they thriued not handfomely wth mee, wch were foure onely and noe more.

The firft was that hee would pleafe to helpe mee to i looli. arreare of entertainment due
to mee for my foote company and my ward of his Mat1". Caftle of Knockfargus, wch hee faid
hee could not doe it being an arreare before his time, but if I could procure a particular re-
commendation to him for it from the King hee would finde a way how to helpe mee to it,
wch accordingly I got from his Matie. wch coft me loli. to Secretary Windebanke but could
never get his Lop. to help mee to any of my money.

The fecond was that his Lop. would confer my foote Company vpon my fonne Chichefter
Fortefcue who had volunteird it in his Troope two yeares wch his Lop. refufed though he had
donne it for the fonnes of the Lord Baltinglafs, Lord Blany and Sr. John Burlafs, but a while
after upon confideracon (as ftiould feeme) how ill it would become him not to grant mee
equall favor, in foe poore a particuler, Hee fent mee (by his Brother) a farr fetcht reafon of
his not doing my requeft at firft, and notwithftanding hee would doe my defire therin, but
hee had foe fullied it by his former deniall of it, as I would not have had it, had I durft
have fcorned it.

The third was that about i yeares after my fonne had my Company Sr Robert Loftus
dying and his Lop. then in England I (by letter to Sr Geo. Wentworth) befought his Lop.
to giue mee his Company, but I had a coynd excufe retorted to mee for that.

Sir Faithful Forte/cue.

My laft requeft was that the Lord Caufeield beeing dead I might haue his Company
hauing mift the former, but to that I neuer had replie.

Soe as I had the ill luck that his Lo1'. was not advantagious to mee in honor or eftate
for my poore eftate that I had before I faw him, A Lord Deputies Capt. Leif I had for-
merly beene 7 yeares a Capt. of a foote Company, I was when hee came, and Cunftable of
his Ma"". Caftle of Knockfargus, and to this hee added nothing, but was pleafed to rewarde
my long attendance and feruice with difgrace, for when hee was in his laft trobles and in the
Tower hee by letter ordered his Steward to difcharge mee from my coiiland of his Troope,
without (hewing reafon for it, as if I had beene his Mercinary feruant or Scullion, of his
kitchen (and not the King's officer) to bee throwne owt by the tounge of his Steward, but I
could not bow to his Lo,!i. hurling mee of foe ill-fauoredly and indeede vnfouldierly of him
that was foe great a Generall without laying any mifcarriage to my charge and bringing mee
thereupon to a triall at a court of warr ; wherfore I helde my place till hee died and then
quitted it, But thought it not a peece of difcretion to quitt my pay due for my nine yeares
feruice, therfore I required it of his Lops. Steward M'. Carpenter who by accounte found
about 400//. to bee due to mee at the kings bare pay at 34//. per anil, aboue wcl> hee
could not reckon wth mee, though his Lo1'. had ordered mee wtb the reft of the Captaines
of foote companies to giue our Leivetenants 50//. a yeare and that noe Generall or priuate
Captaine euer held theire Leiuetenant to the kings bare pay if they were of a deferuing
capafitie.

And I had formerly when I was a Lord General Is Capt. Leiut. a hundred pounds a
yeare and what profitt I could make by his Troope, But I come not to lay the poore kind of
ufage 1 had at laft for matter of pay vpon his Lo1 \ Steward as a faulte, hee hauing not power
to deale better wIh mee, But in this I thinke hee did not handfomely, that after hee had
giuen mee an afllgnement to the Vice Treafurer for my pay due upon account hee mould
demande and receive it from him in my abfence, and now not make mee repayment thereof
vpon my ciuill intreaties, having had it in his hands and employed it to aduantage this five
yeares paft.

And now that I have mewed that noe handfome requitall I have had from his Lo'. for
my great expence of time, money, and induftry to doe him feruice, it may bee obiecled that
fure I gaue him fome reafon to disfauor mee and ufe mee noe better, elfe hee that was foe
noble would haue dealt more gallantly with mee; to that I fay and proteit to Almitie God I
neither know nor can imagin any caufe hee could haue for it vnlefs he ftioulde make it of
thefe, That I beeing foe nearely linckt to fome perfons of quallitie in this Kingdome that
weare in oppofition againft him could not keepe my hearty loue and feruice to him (wherin
hee caried a great mifunderftanding of mee) or for that 1 and S'. Robert l;arrer in company
wth others had talkt of his Lo1'. vifiting a Noble Lady wrh beeing toulde him by a falfe
brother at an ill tone or worfe then merrolie was fpoken, his Lo''. queftioned mee roughly for

181

l82

Family of Dromijkin^ etc.

it, but when hee vnderftood our talke (wch I truly tould him) was to neither of their diftionors,
hee feemed to bee well fatisfied, but I doubte hee was not, and that this and his ambiguety
of my integretie to him were the motiues that induced him to throw mee out of his good
opinion and fauor, other reafons hee could not haue, my confcience affuring mee I neuer
trefpaft againft him in thought worde or deede, vntill his mewing his difaffections to me by
denying mee foe poore a thing as a foote company (when I beleued hee thought I deferued
a greater fauor of him) and the offering to oute mee of the comande of his Troope in fuch
difgracefull manner and declention of my reputation, then I confefs I could not hould from
paffionately fpeaking in vindecation of my felfe and condemnation of him for that, But I
neuer appeared againft him in any thing but for what concerned my owne particular nor noe
man can truly fay I did, or will auow it to my face though I haue heard it hath beene faid I
mewed ingratitude to his Lop. wch I thinke I could not doe when hee by noe obliegation
bound mee to him, but rather mewed ingratitude to mee.

Faith. Fortescue.1

Enclofed in the foregoing letter was a paper endorfed : —
" 270 : 17:6 due to Sr. Faith. Fortefcue

for the Cunftablelhip of ye Caftle of Carrickfergus from ye yeare 1 640

to ye yeere 1645 &c."
On the infide : —

" Due to me for my perfonall Entertaynements as Cunftable of his Ma"e9. Caftle of Knock-
fergus at is. 6d. per diem from the lafte of Sep'. 1640 to the firft of Oct. 1645, as by
warrtts. of full paye doth appeare ..... 270/. ijs. 6d."

Ffayth. Ffortescue.

Fortefcue was, in 1633, charged by the Lord Deputy to vifit the garrifons and military
ftores in the province of Leinfter ; Strafford affirming that he and his colleagues in the other
provinces would act " honeftly, ably, and impartially."2

In 1634 a Parliament was called in Dublin,3 to which Sir Faithful was elected; firft, on
the 17th of June, for the borough of Dungannon ; and, on the 14th July, for the county of
Armagh. His eldeft fon, Chichefter, defcribed as of Donoughmore, County of Down,
fucceeding his father as member for Charlemont. With reference to this Parliament, we
find the following paffage in Sir Edward Brereton's narrative of his journey : — " July 7th,
1635. — -This towne of Dundalke is governed by the Bailiffs, Sheriffs, and Aldermen. The
greateft part of the inhabitants of the towne are popilhly affected, and altho' my Lord
Deputy at the laft election of Burgeffes for the Parliament commended unto them Sir

1 Carte MS. xvi. 241. 2 Wentworth to Secretary Coke, October 23, 1633. 3 Liber Munerum, Hib.

Sir Faithful Forte/cue.

.83

Faithfull Fortefcue, and Sir Arthur Jerningham, yet they rejected both, and elected a couple
of recufants."1

In 1637 Sir Faithful repaired to the Low Countries, leaving England in Auguft of that
year. His chief object being, as a contemporary letter relates, to vifit Breda " to fee what
doings were there." The Dutch, under the Prince of Orange, were then preparing to invert
the place, and they forced the Spaniards to furrender it after a three months' fiege.2 It was
at Breda that Sir Faithful was living in attendance upon Charles II. when, in 1660, the news
of his reftoration was announced to the exiled King.

In 1639 Faithful was again returned for Armagh County. In April, 1640,' he
appears in a lift of officers of the army, appointed for the expedition to Scotland, to fupport
the King's caufe there, which, however, never took place. Sir Faithful was to be attached
to the Lord General's Regiment of Horfe.

In the next year he makes the liberal offer to advance money for the pay of troops at
Armagh, as will be feen in the following letter : —

To the right honorable the Earle of Ormund and OJfory, Lieu'. Generall of
His Ma"'', forces in Ireland, prefent.

Right honorable and my mod honored good Lord,

Haueing obferued yor Lorps. Coniands by vertue of two patents figned under yo'
Lo'ps. hand, to my Captaine, and Captaine Trappes, forthwith to rife and march to the
Citty of Armagh, which accordingly wee have, and foe exactly that in our march wee had not
the Complainte of the value of a (hilling ag' any of the twoe Companies; but how wee
mall continue being willing (the relation to y' Lo'p. confidered) to gaine the good repute
wee nowe haue and pleafe our men, wherby our Coniands to them may bee better obferued
(money beinge morte) & nowe quite diminifhed, haue indeauored our felues by all the good
words and perfwafions wee can to the towne to arTorde to the foldiers meate at twoe
millings a weeke which the companies are willing to accept of, but the towne will noe way
hearken to it, and generally conclude without money in hand they will arTorde noe releeife
to the foldier, although wee are willing to engage our felues. which confidered doth put us
to the furtheft of extremity what to doe, for neither having meate nor money, wee are very
doubtfull of keeping them in foe good order as wee wifh, ard dayly and hourly mall endeuor
to doe. Nowe foe it is may it pleafe yor Lo'p. that S'. Faithfull Fortifcue beinge one of the
cheefe in theife parts, whoe being defirous both for our good and the good of the cuntry, hath
thought of a convenient way to pleafe both, and hath defired us to intimate foe much to yo'
Lo'p. which is that if yor Lo'p. and the ftate thinke fitt that the fubfidies nowe to bee

1 Brcrcton's Journey, in Clietham Society's Scries. : Cal. State Papers. 1637. Canbury.

3 Carte Papers.

184

Fa?nily of Dromijkin, etc.

Leuied for this county, which will not bee foe fpeedy as hee could wifh for our releefe, doth
voluntarily of himfelfe promife to bee our paymafter out of his owne purfe forthwith, hee
being fecured from yor Lorp. and the ftate, by directions to bee paide out of the fubfidies, as
they fhall bee collected. All this wee humbly offer to yor Lorps gratious Confederation, and
will allwayes Remayne as wee are,

Yor. Lops, mod humble feruants,

Tho: Salvin,
Robert King,
Henrie Buttler,
Edward Poyntz.

Armagh Aprill the 23th. 1641.1

Very ftormy times were now approaching for the three Britifh kingdoms. The
antagonifm of Charles and his Parliament was daily becoming greater ; while in Ireland, the
rebellion of Sir Phelim O'Neale, and the horrid maffacre of the Proteftants, were deftined to
complicate the political motives, and to embarrafs the actions of both Royalifts and Re-
publicans.

The growing interference with the executive by the Parliament,2 from which it refulted
that all who fought for preferment in the army were obliged to apply to leaders of the
legiflature, appears in the following entries in the Journals of the Houfe of Commons.

"Weftminfter, 27 January, 1641. 16 Car. I. — The humble petition of Sir Faithfull
Fortefcue, Knight, was this day read. And it is ordered that he the faid Sir Faithfull
Fortefcue be earneftly recommended to the Lord Lieutenant of Ireland for a Colonel's place
in this fervice. This Houfe being very well fatisfied that he is a man of honnour and
experience, and worthy of fuch an employment."

" 28 January, 1641. Ordered that Sir Samuel Rolle and Mr. Carey fhall recommend Sir
Faithfull Fortefcue to the Lord Lieutenant of Ireland, according to the order of yefterday."

" February 1, 1641. Ordered that Sir Faithfull Fortefcue be recommended from this
Houfe to the Lord Lieutenant of Ireland to be a Colonel! in one of thofe three Colonell's
places prefented in the Lift to be void, and Sir Samuel Rolle is ordered to go with this Lift
to the Lord Lieutenant."

The Lord Lieutenant was the Earl of Leicefter,3 who was fo nominated at Strafford's
fall, but who had not as yet proceeded to Ireland.

In October of this year, on the 24th of the month, the rebellion broke out in the north
of Ireland, fo fuddenly and with fuch violence that the Proteftants were taken by furprife,

1 Carte MS. i. 230.

2 See Clarendon, ii. 22, referring, however, to fome months later.
3 Leland, iii. 107.

Sir Faithful Forte/cue.

185

and the Irifh, almoft unoppofed, advanced towards the fouth, plundering and maflacring ;
and were before long in the neighbourhood of Drogheda, the only fortified place between
them and Dublin. Sir Faithful had, a fliort time before, been made governor of the town,
which, fays the hiftorian Leland, " was by no means ftrong or well provided." 1 He
continues, "On the firft alarm from the North, the Governor, Sir Faithful Fortefcue, had
received a fmall reinforcement from Lord Vifcount Moore (his brother-in-law, who lived
at Mellifont a few miles off). He prepared it for defence, reprefented to the Mate the
neceflity of an additional fuccour, and offered even to raife foldiers at his own expenfe. His
zeal was applauded, but he found his fervices by no means acceptable. Difcouraged, and
difappointed of fupplies, he refigned his command ; and Sir Henry Tichbourne, a more
adventurous officer, was fent to fucceed him."

M Sir Faithful Fortefcue," (fays another author), " refigned his commiflion, not being
willing to lofe his reputation, though he was forward enough to hazard hisperfon." 1 He left
two of his fons in the garrifon, of whom his eldeft, Chichefter, a major in the army, and
having a company raifed at his own charge in Lord Moore's regiment, died during the fiege ;
and his fecond, John, was killed by the rebels there.

He then at once, without more than a few days' delay, went to London to urge the
Government to fend fupplies to Ireland, and employed himfelf in raifing men for that
fervice.3

In December of this year, 1641, we find him again recommended tor fcrvice by the Houfe
of Commons.*

31ft December, 1641.

l< Ordered that Mr. Robert Goodwin and Mr. Carey do repair unto the Lord Lieutenant
of Ireland, and from this Houfe recommend unto him Sir Faithful I Fortefcue for place of
command in confideration that he has the keeping of the Caftle of Carrickfergus for his life
by patent ; the which caftle is now agreed by this I Ioufe among other places, to be put into
the hands of the Scotts."

This arrangement with the Scotch Commiflioners, reluctantly entered into by the King
under the pre flu re of the rebellion in Ireland, was carried out in April of the next year, when
the firft Scotch detachment landed at Carrickfergus.*

1 Leland'a Hiftory of Ireland, iii. 1 56.

2 Hiftory of the Irifh Rebellion, traced from many preceding acls to the Grand Expedition to Dublin, 1/43,
p. 44-

a See Lift of the Field Officers for the Irifh Expedition, chofen by the Commiflioners at Guildhall. Carte
MS. June, 1642.

4 Commons Journals, vol. ii. p. 364. 1 Leland, iii. 175.

B B

1 86

Family of Dromijkin^ etc.

The fame neceffity was ftrong enough to compel an agreement between the King and the
Parliament to provide troops for the fpecial fervice of the reduction of Ireland, at a time
when thofe two eftates were all but in arms againft each other.

It was in this way that Sir Faithful raifed and commanded, as colonel, the Third Troop
of Horfe engaged for the Irifh expedition,1 for which the officers were chofen and appointed
by the Commiflioners fitting at Guildhall in June, 1642 ; the king confenting to fign their
commiflions. He alfo raifed for the fame fpecial fervice a company of foot, which afterwards
was attached to the Earl of Peterborough's regiment, of which Sir Faithful's name appeared
as lieutenant-colonel. The foot, as well as the horfe were, on the breaking out of the
civil war, after the railing of the Royal Standard at Nottingham in Auguft, 1642, draughted
into the Parliamentarian army, without any regard to the opinions or inclinations of officers
or men.

Sir Faithful's horfe had all aflembled, and had arrived at Briftol to embark for Ireland,
but were now ordered and compelled to march to the midland counties, then under the
authority of the Earl of Bedford, to join the army of the Earl of EfTex.

In reference to this breach of contract, we find Charles complaining " that many foldiers
raifed under pretence of being fent to Ireland, were, contrary to their expectation and engage-
ment, forced to ferve under the Earl of EfTex againft the King; of which he named, with
others, Sir Faithful Fortefcue's regiment of horfe."2

It thus came to pafs that Fortefcue and his men found themfelves, on the 23rd of
October, at Edgehill, arrayed in oppofition to their king, and to their own loyal fympathies
and affections.

What followed will be beft told in the words of Lord Clarendon.3 In defcribing the
battle he fays : " As the right wing of the King's horfe advanced to charge the left wing,
which was the grofs of the enemy's horfe, Sir Faithful Fortefcue (who having his fortune
and intereft in Ireland, was come out of that kingdom to haften fupplies thither, and had a
troop of horfe raifed for him for that fervice ; but as many other of thofe forces were, fo
his troop was likewife difpofed into that army, and he was now Major to Sir William Waller,
he) with his whole troop advanced from the grofs of their horfe, and difcharging all their
piftols on the ground, within little more than carabine fhot of his own body, prefented
himfelf and his troop to Prince Rupert, and immediately with his Highnefs charged the
enemy.

" Whether this fudden accident, as it might very well, and the not knowing how many
more were of the fame mind, each man looking upon his companion with the fame apprehen-
fion as upon the enemy, or whether the terror of Prince Rupert, and the King's horfe, or all

1 Pamphlet, entitled, "Six Matters Worthy of Note.*' London, 4to, 1642, in Bodleian Lib.

2 Clarendon, iii. 470. 3 Clarendon, iii. 277.

Sir Faitliful Fort ef cue. 187

together, with their own evil conferences, wrought upon them, I know not, but that whole
wing having unfkilfully difcharged their carabines and piftols into the air, wheeled about, the
King's horfe charging in the flank and rear, and having thus abfolutely routed them, purfued
them flying, and had the execution of them above two miles."

This exploit of Sir Faithful and his troopers muft be confidered a very gallant and
hazardous one, and their abhorrence of the pofition into which they had been forced by a
grofs breach of faith on the part of the leaders of the Parliament muft have been very
ftrong to impel them to face the rifle which they ran of being attacked, as well by thofe
whom they were leaving, as by thofe whom they were anxious to join. We read that Sir
Faithful,1 "deteftingthe force put upon him in that fervice, was refolved to recover his
freedom by quitting that army the firfl: opportunity that offered ;" and that at the beginning
of the fight he had contrived to fend his cornet,2 (who seems to have been his own fon
Thomas '), to announce his intention to Prince Rupert ; but the prince's fubordinatcs
Killigrew and Byron, were not aware of it ; and fo, fays Clarendon,1 " they had not as good
fortune as they deferved ; for by the negligence of not throwing away their orange-tawney
fcarfs, which they all wore as the Earl of F.flex's colours, and being immediately engaged
in the charge, many of them, not fewer than feventeen or eighteen, were fuddenly killed by
thofe to whom they had joined themfelves." This was a large proportion of the whole
number of fixty, of which the troop confifted.3

Fortefcue was foon appointed a lieutenant-colonel of the 10th regiment.6 He remained
with the army, and was with the King at Oxford, and in the operations againft the Parlia-
mentarians, which were carried on from that city, as head-quarters, during the four next
years, until Charles gave himfelf up to his victorious enemies.7 The two following papers
refer to this period. The high terms in which the King refers to Sir Faithful are worthy of
remark.

Charles R.

Right trufty and entirely beloved Coufin and Councellor Wee grecte you well. Whereas
by the humble peticon of S'. Faithful Fortefcue kn' (a perfon and officer in Our Army here
whofe merites are in Angular eftimacon w,h Us) Wee are given to underftand that three of
his Sons are lately dead in Our Service in Ireland, His eldeft Chichefter Fortefcue at

1 Lodge, Peerage of Ireland, v. 356. 2 May, Hiftory of the Parliament, book 3, chap. i.

3 See Lift of Forces for Irifh Expedition, by Peacock. 1 Clarendon, iii. 281.

5 Army Lift of Cavaliers and Roundheads, pp. 44, 53, a. 11. 1642.

6 Ibid., p. 15; and p. 27, where he is alfo, curiouily, (bund ftill in the Parliamentarian lift as Lieut. -Col. of
the Earl of Peterborough's regiment.

7 Carte MS. v. fol. 185, and fol. 212.

1 83

Family of Dromijkin^ etc.

Drogheda, being Captain of Foote of the old Eftablifhment and Serieant Maior of the
Lord-Vifcount Moore's Regiment : His fecond foune flayne by the Rebels there, And a third
dying whileft he was in Service in that Our Army. Forafmuch therefore as the faid
Sr. Faithfull Fortefcue hath yet another Sonne left, (being now his Eldeft, by name Thomas
Fortefcue, bredd a Souldr. in the Low Countries, where he was his Colonels officer, and from
thence came to ferve Vs here as he hath done Captain of a Troope of Horfe vnder the Lord
Herbert with great fatisfaccon and approbacon of Vs) whom he is defirous to prefer to the
faid Comands of his eldeft Son Chichefter deceafed in that Our Kingdom : Wee are therefore
gracioufly pleafed, in tender confideracon of the premirTes, & for the better encouragement
both of the Father and the Son, whom Wee defire to cherifh for their eminent loyall
Affeccons to Vs and to our Service, to recomend to you the faid Captain Thomas Fortefcue
to be inftantly vpon receipt of thefe Our Letters admitted and confirmed in the places and
charges of his faid Brother Chichefter deceafed. To wch Wee doubt not but Our Coufin the
Lo : Vifc1. Moore as well as yor felf, wilbe readily confenting ; AfTureing you Wee fhalbe
therewth exceedingly fatisfyd. And foe Wee bid you hartily farewell. Given under Our
Signet at Our Court at Oxford the 25th day of May in the Nineteenth yeare of our Reigne.
a.d. 1643.

By his Maties. Comaund

Edw: Nicholas.

Lo. Marq. Ormond.

Addrefs : — " To our right trufty and entirely beloved
Coufin and Councellor James Marques
Ormond Lieuten'. grail, of Our Army in
Our Kingdom of Ireland."

Addrejfed:—" To the right hoble the Lord
Marquis of Ormond."

My Lord,

After the writing of my other ire to yor Lop. I heard how the Lord of Lefter had
difpofed of my formes Company to Sr. Richard Grenvill, of wch I told the King, And that I
thought he would fend him a Comimon for it by Sr. Robert Hanna, who had then newly
kill the kings hand to be gon, whereupon he comanded me to cale Sr. Robt : Hanna to him,
whome he prefently fent to the Lord of Lefter to let him know how he had giuen the
Company to my fonne, what anfwere he gave, and what doeings there hath been aboute it,
Sr. Robt. Hanna will informe yor Lo's. And that it is beleeued by the King, Prince Rupert,
my Lord Generall and others that yor Lop. will fpeed his Maties. warr\ before the Lord of

BRIT.MUS SLOANE MS o"24-7F<>;jg
Banner of Sir Faithful Fortcscuc as Colonel of a Regiment of Fool Ccirca) A D. 1643.

Sir Faithful Forte/cue.

189

Lefters, yor Lop. beft knows what to doe in the matter, this I thought fitt to let you vnder-
ftand, And foe humbly take leave,

Yor lops. moft humble fervant

Ffayth : Ffortescue.

Oxford, 1° June 43.

A few particulars of Fortefcue's regiment are taken from " Notes of the King's Army,
Garrifons, etc. etc. 1643-44, by R. Symonds," preferved in the Harleian Collection.1

Colonel — Sir Faithfull Fortefcue.

Lieut. Col. — Sir Francis Chockke, Com. Berks.

Cornet — M'. Jenkenfon.

Serjeant-Major — Henry Coker, Com. Dors'.

Ist Cap1. — Thomas Percivall, Com. Som'fett.

2nd Cap'. — John Yerbury of Trowbridge, Com. Wilts.

3d Cap'. — Henry Baynton, 2nd fon to Sir Edward Baynton.

Thefe now in being May 23d 1644.

There were at firft in this Reg'. 10 colours flying; now in all — 200.

Sir Faithful was again in Ireland in September, 1646." Upon the imprifonment of the
King, in 1647, the Marquis of Ormonde, the lord-lieutenant, and other leading royalifts in
Ireland, were compelled to decide whether they would join the Roman Catholic leader of
the {till unfuppreffed rebellion, or the Parliamentarians. Their attachment to the Proteftant
faith decided them in favour of the latter; and articles were agreed upon under which
Ormonde handed over to the Parliament the garrifon of Dublin. Among the conditions
was one in favour of Sir Faithful, fecuring him from the effects of the refentment of the
Roundheads, which he had incurred by his efcape from them at Kdgehill, or, as they termed
it, his defertion. He feems, however, to have had doubts of its efficacy ; for Ormonde had
hardly left Dublin, on the 28th of July, 1647, when he betook himfelf to the Ifle of Man
"to avoid offenfive foldiers, and to live quiet and cheap." But after a time, paffing over
to Wales, he was put under rettraint by the Parliamentary commander at Beaumaris, in
November following. This officer, under orders from his fuperior, fent him a prifoner to
Caernarvon Cattle, where he was kept, notwithstanding the earned remonftrances of Lord
Ormonde, for nine months, and then, by fpecial order of the Houfe of Commons, dated
the 2nd of Auguft, 1648, he was transferred to the cuftody of the governor of Denbigh
Caftle, who was directed by a warrant from the Speaker to keep him prifoner there.

1 Harl. MS. 986, fol. 88.

'2 Sec Lord Lambert's Letter to the Lord Lieutenant, September b, 1646, in Appendix.

190

Family of Dromijkin, etc.

The letters which pafTed between Sir Faithful, Lord Ormonde, and General Fairfax
are here fubjoined.

Letter indorjed: — " Sr Faithfull Fortefcue, dated the
30th of November 1647."

Addrejfed : — " To my Lord Marques of Ormond,
My moft hoble. Lord, At London."

My most hoble. Lord,

Wthin few dayes after yor Lops, departure from Dublin I (to avoyd offenceiue
fouldiers, & to live quiet & cheape) went to the He of Man, And being weary of that
barren place, & defirous to be in England, underftanding that all men included in yor Lops,
condicons wth the Parliam'. paft in England & Wales wthout interruption, I came hether to
Beaumorris upon Satterday lafte, wth intent to ftay heere untill I could have fome money
from Dublin & then wayte on yor Lop. at London ; Beleeving the Articles paft toyor Lop.
from the Parliam'. to be (upon fuch high ingagements of honor) fecurity and warrant
fufficient to Let me pafs through England & Wales. But one Capt. Simpkins (who comands
heere) finding my pafs expird, And not willing to underftand thofe Articles to be of force,
hath put me vnder reftraynt, untill he know from Generall Mittin (who is now at London)
how to difpofe of me,

I humbly befeech yor Lop. that as foone as poflible (leaft the mifchiefe wherewlh I am
threatned mould happen) you wilbe pleafed to giue me yor favour in healping to free me
of this danger & trouble, ether by way of Parliam'. or warrant from Sr. Thomas Fairfax, who
I beleeve will not denie it yor Lop. having granted it to Sr. Arthur Afton who hath ben
much a greater offender,

This (my Lord) is the humble fuite of

Yor Lops, moft humble fervant

Ffayth: Ffortescue.

Capt. Simpkins hath written to Generall Mittin of me, who I feare will fend order
agaynft me, if it be not timely ftopt.
Beau Morris 30 Nov. 47. 1

Letter indorjed : — " A Coppy of the letter to Generall
Fairfax, Dated the 13th of Dec.
1647, concearning Sr. Faithfull
Fortefcue."

1 Carte MS. xxi. fol. 328.

Sir Faithful Fortefcue.

191

SR.

I underftand by a letter which I lately received from Sr. Faithfull Fortefcue that he
is reftrained at Beaumaris by one Captn. Simpkins an officer under the cofnand of Generall
Mittin uppon pretence that the pafs graunted unto him by the Comiffioners of Parliam'. in
purfuance of the Articles agreed on betweene them & mee is expired, to avoid this objection
I mall only mention to vor Ex'cic. that in vertue of my conditions (wherein he is comprifed)
he may live in any part of England, Ireland, or the Dominion of Wales under the protection
of the Parliam1. and their forces, And therefore (haueing already had experience of yor juftice
in a Cafe not unlike to this) I am incouraged to defire you to ifTue fuch orders for his
enlargement as you mail adiudge fitt, as likewife to graunt him yor protection purfuant to
the faid Articles as you haue been pleafed to doe for others, in doeing whereof you mall add
much to the obleegemts. of Sr.

Yor Exc'". mod humble ferv'.

Ormonde.

London this 13,h Dec. 1647.1

Letter indorfed : — " Mr. Rumworth's concearning S'.
Faithful Fortefcue."

Addrejfed : — " For Richard Lane F.fqrc. Secretary
to the mod hoblc. the Marquefle of
Ormond."

I received yo' Letter and prefented that of my Lord to the generall concerning S'.
Faithfull Fortefcue, who expreft himfelfe verie ready and defirous to doe what in him lies
to make good thofe Articles of Dublin, as hee hath already done in fome other cafes; but
this of Sir Faithfull Fortefcues hapning to bee different from any other, by reafon that the
Paliam'. hath taken Cognizance of his Reftraint and have giuen order for the bringing of
him uppe, The Generall cannot foe imediatelie act uppon his owne aucthoritie, as before this
accident hee might have done ; The Generall fatt uppe late this night with the Com", of
Parliam'. concerning the bufinefTe they were fent aboute, foe that itt was nott poflible for
him to returne an Anfwer himfelf unto My Lord MarquefTe as hee fully purpofed : And
thcrfore I make bold to give you this brief Account of that bufinefTe, and doe only offer
this to yo' Confideration ; That itt will bee moll feafonable unto the Generall to improve
his intereft after Sr. Faithfull bee come nearer, then foe fuddainlie after a frefh vote of
Parliament, efpeciallie confidering, That this Knight is very obnoxious to moft in Parliam'.
& indeed to all their partie for an action done foe unlike a Gent' in deferting his Colours
uppon the ffeild at Edgehill, & running to the Enemy, which will make him have the

Carta MS. xxi. fol. 329.

192

Family of Droinijkin, etc.

fewer friends ; but had hee bin in Oxford or any Garrifon wee euer tooke in, if Articles had
bin granted him, deferve hee never fo ill they ought to bee obferued : probably if the
MarquefTe pleafe to ingage Sr. Robert Kinge or Mr. Onflow, if they bee heere, who was two
of the Comrs. who are foe much concerned in honour to fee the Articles performed, I beleeve
itt may produce a timelie and good effect ; ffor the Generalls Engagement is butt collaterall,
yet hee will nott bee wanting att a fitt feafon to ferve my Lord in this particular : This I
only intimate unto you : Defiring yor pardon for this trouble ; I remayne :

Yr moft humble ferv\

Jo : Rushworth.

Windfor 130 iob,is 1647.1

Sr. I fhould have returned you an Anfwerof yo' former Letter concerning the Horfe you
intimated unto mee was fent to the Generall, but being then abfent from the Head Quarter
occafioned that omiflion, indeed the Horfe is of much delight to the Generall, Hee riding
him every day, and I fuppofe a due acknowledgement hath bin made of it.

Letter indorjed : — " 14 Dec. 1647. A Coppy of the Letter
to the lords of the Committee at Derby
howfe &c. concearning S\ Faithfull
Fortefcue."

My Lords,

I am aduei tifed by Sr. Faithful Fortefcue that hee comeing into Wales in confidence
that hee might fecurely foe doe by virtue of the conditions made with mee upon the furrender
of Dublin to the Parmt. is notwithstanding & in manifeft breach of the fayd conditions

made prifoner by at & being further informed that

upon notice giuen to the honble. the houfe of Comons there of they were pleafed to reffer
to consideration of his imprifonment and of what fhould bee done thereon to your LFS. I
conceiue it my parte in behalfe of Sr. Faithfull Fortefcue humbly to claim the benefit of the
fecond Article agreed unto by the Comrs. thereunto Authorifed by the Parmt. wherein I
humbly conceiue it is moft cleere that all Proteftants whatfoeuer of the kingdome of Ireland
without exception of Perfon, place of their then abode, or paft offence againft the Parmt. other
then haueing bin in the Irifh Rebellion, are to bee fecured in their Perfons, eftates, & goods,
& may live quietly & fecurely under the Protection of the Parmt. & their forces, ether
within England, Ireland, or Wales, & as cleere it is that Sr. Faithfull Fortefcue for his long
and neare relations to & in that Kingdome may as properly bee efteemed a Proteftant of
Ireland as any man whatfoeuer ; All w<h when your Lps. fhall haue confidered I doubt not
but fuch a courfe will bee taken for this Gentlemans prefent releafe and future fecurity
purfueant to the forementioned Article as becomes the honour & juftice of the Parmt. but if

1 13th of December. Carte MS. xxi. fo!. 331.

Sir Faithful Fortefcue.

!93

objection fhould bee made or doubt arife in hinderance of his fpeedy enlargement I humbly
defire that I may bee made acquainted therewith & heard therein before any final] determi-
nation of the matter, it being a mater in the confequence whereof myfelf and very many
others for whom I conditioned are highly concearned, & foe I remaine

Yor Lol>s. humble fervant

Ormonde.

London this 14th of Dec. 1647. 1

This is the order referred to in one of the foregoing letters : —

Commons Journals, December 13, 1647. 2

" Ordered. That Colonel Mytton be required to fecure Sir Faithfull Fortefcue until
the Houfe take further order, and that it be in the meantime referred to the Committee for
the affairs of Ireland at Derby Houfe to confider of the articles made with the Lord
Ormonde upon rendition of Dublyn, and to ftate how far Sir Faithfull Fortefcue is concerned
in thofe articles."

This fecond order mows that Ormonde's remonftrance was not fuccefsful.

Commons Journals, Augujl 1, 1648.*

" Ordered. That Sir Faithfull Fortefcue be removed from Carnarvon Caftle to Denbigh
Caftle, and be kept Prifoncr there, and that M\ Speaker do grant his warrant to Colonel
Mafon the Governor of Carnarvon to deliver over Sir Faithfull Fortefcue to the Governor
of Denbigh Caftle ; and that Mr. Speaker do alfo grant his warrant to the Governor of
Denbigh Caftle to fecure Sir Faithfull Fortefcue, and to keep him a Prifoncr there."

The Parliament was not at that time to be prevailed upon to fet him at liberty. We do
not, however, know how long his confinement lafted, not hearing of him again until he is
reported as one of thofe who followed Prince Charles, now King Charles II., to Scotland)
and who were with him and his army at Stirling in April, 165 1. The lift in full is here
given : —

" The ftrangers that followit and dependit on the King at this tyme fa fer as I could fie
and tak notice, ar thefe— viz. Duke Buckinghame, the Erie of Claveland, the Erie of Sant
Paull (Frenchman), Lord Wilmot, Lord Witheringtoun, Lord Wentworth, Mr. O'Neill
(Yrifcheman), Mr. Fanfchaw Clerk of Counfell, Mr. Jackfoun Gentleman of the privie
chalmer, Sir William Blackftoun, Sir Oratio Cary, Sir Faithfull Fafkie, Mr. Layne, Mr.
Harden and his Brother, Colonel Graves, Capitaine Titus, Mr. Powlie, Mr. Bray, Generall

1 Carte MS. xxi. f'ol. 332.

2 Vol. v. p. 280.

3 Vol. v. p. 657.

i94

Family of Dromijkin, etc.

Major Maffie, Mr. Windome, Mr. Bunfche, Sir Timothie Fatherftoun, Mr. Smith, Major
Galzairt." 1

He accompanied Charles from Scotland, on his march to the fouth to ftrike a blow
for the Englifh crown, and was prefent in the great and decifive battle of Worcefter, fought
on the 3rd of September, 165 1, — Cromwell's "Crowning Mercy," and the deathblow to
the hopes of the King and his friends. I may here fay that I cannot find any trace of
evidence to fupport the ftatement of Lodge, who does not give his authority for it, that Sir
Faithful accepted a regiment from Cromwell for the reduction of Ireland, which he led to
Worcefter to fight for the King. The miftake may have arifen from a confufion between
Colonel Richard Fortefcue the Parliamentarian officer, and Colonel Sir Faithful Fortefcue.

He, after this final defeat of his party, fled with Charles to the Continent, remaining,
firft in France and afterwards in Flanders, until the Reftoration in May, 1660. We
have no mention of him while abroad, but we know that his eftates in the north of Ireland
were over-run by the rebels, and that he had, under the Parliament, loft all his appointments
in the army; and, confequently, that now in his old age — nearly eighty years — he muft have
been in ftraitened circumftances.

The King did not forget his father's old fervant; he at once reftored him to the
governorfhip or conftable's place at Carrickfergus, which he allowed him to refign a few
months later in favour of his fon Sir Thomas, with the title of Governor inftead of Con-
ftable conferred on the latter. The patent reciting that this favour was granted " in con-
federation of the eminent fervices done Our Royal Father and Us by our faid trufty and
well-beloved fervant, Sir Faithfull Fortefcue." 2 I here give the warrant and King's letter
for his reftoration: —

Sir Faithfull Fortescue reftored to be Conftable of Knockfergus, 11 Aug. 1660.

Charles R.

Whereas our Royall Grandfather did by his Lres Patents grant to our trufty and well
beloued Sr. ffaithfull ffbrtefcue km. the Office of Conftable of Our Caftle of Knockefergus
in Our kingdome of Ireland, and that by reafon of the troubles and fad diftraccons of the
late Times the faid office was difpofed of by our Royall fTather of blefied memory to other
hands. Now (out of hopes of future fettlement and a defire that all things may returne to
their wonted Order and Condicon) Our Will and pleafure is that the faid Sr. ffaithfull
ffbrtefcue be reftored to the faid Office of Conftable of Our Caftle of Knockfergus in Ire-
land, and that he enjoy all rights priviledges profits comodities and advantages therevnto

1 Nichols' Diary, 1650-1667, printed by the Bannatyne Club, 1836, p. 52.

2 See the Patent of October 14th, 1661, to Sir Thomas Fortefcue, in Appendix.

Autograph Leller from Sir Faithful Fortesrue to IC fiorlolphin ,
Circa 1665 In Kibhc Hecord Office

Sir Faithful Forte/cue.

l95

belonging in as full and ample manner as he the faid Sr. ffaithfull ffortefcue or any pfon
formerly hath held and enioyed the fame And for foe doing this fhall be your Warrant.
Given at Our Court at Whitehall this 21 day of Auguft in the Twelfe yeere of Our
Reigne.

To Our right trufty and right entirely beloved Coufin and
Councellor George Duke of Albemarle, Our Lieutenant
Generall, And To Our right trufty and well beloued
Councellor John Lord Roberts of Truro Lord Deputy
of Ireland. And to our Lieu'. Deputy, Juftice, Juftices,
or other cheife Governo' or Governor", Chancello',
Keeper, or Com", for ye greate Seale of that Our King-
dome, And to all other Our Officers there whom it may
concerne.

By his Ma"". Comand,

Edw. Nicholas.

Sr. ffaithfull ffortefcue.'

Indorjed : — "21th of Aug. 60. The king's warr1. con-
cerning Sr. ffaithfull ffortefcue."

Indorjed: — "Duke of Albemarle his Grace to y' LLd\
Juftices Dat. 18 Dec'. 1660. In behalfe of S'.
Faithfull Fortefcue to be Conftable of y' Caftle
of Knockfergus."

My Lords,

I fend yor Lps. heere inclofed his Maj"". warrant fignifying his Royall will and
pleafure that S'. ffaithfull ffortefcue bee reftoared to the office of Conftable of his Mats.
Caftel of Knockfergus in Ireland as is more fully therein expreffed, And I defire yo' Lps. to
derive vnto the faid Sr. ffaithfull ffortefcue the full benefit of his Maj1"5. gracious intentions
to him therein, I remaine

Yo' Lps. very affeclionat frend and ferv1.

Albemarle.

Cock 1 18 Decembr. 1660.'2

Addrefs on back : — "To the right hoblc the Lords Juftices of
the kingdome of Ireland thefe."

Indorjed .— " ■ S' '. Faithfull Fortefcue, Conftable of
Knockfergus Caftle. Kings tre for it
dated 8 Feb. 1661."

1 Carte MS. xli. fol. 29.

2 Carte MS. ill fol. 29, 227, 306.

196

Family of Dromijkin, etc.

Charles R.

Right Trufty and wellbeloved Counfellor, and R'. Trufty and wellbeloved Coufins and
Counfellors, Wee Greet you well. Whereas Our Trufty and wellbeloved fervant Sir
Faithfull Fortefcue Kn\ for no other caufe but his loyalty & good affection to Our Royall
Father of bleffed memorie, & to vs, hath been for many yeares laft paft difpoffeffed of his
Office of Conftable of Our Caftle of Knockfergus in Our kingdome of Ireland, Vpon his
humble Peticon prefented to Vs for reftoring him to his faid office, Wee have thought good,
& do hereby require you forthwith after the receipt of thefe Our Letters to give order for
re-eftabliftiing him in his faid office according to the expreffe words of his Letters Patents
from Our Royall grandfather. For which this ftiall be your Warrant. Given at our Court
at Whitehall the 8th day of February 1661 in the thirteenth yeare of Our Reigne.

To Our R*. Trufty and Wellbeloved
Counfellor Sir Maurice Euftace Knl.

Chancellor of Our Kingdome of Ireland, By his Maties comand

and to Our K\ Trufty & well beloued

Coufins and Counfellors Roger Earl of Will. Morice.

Orrery and Charles Earle of Mountrath,
Juftices of Our faid Kingdome.

He was at once named a gentleman of the Privy Chamber,1 which office he held until
his death, remaining with the Court. The gentlemen of the Privy Chamber, who were firft
appointed by King Henry VIII. were expedited to attend the Court in its diverfions, pro-
greffes, &c. &c, at their own expenfe, with no other view than the honour of the office and
being in the way of preferment. He limited their number to forty-eight, and gave them
the title of Honourable. We find documents lhowing that the King gave Sir Faithful alfo
fome finecure appointments,2 and on one occafion, as here ftiown, a grant of one hundred
pounds to relieve his wants.

Order for a warrant to fay to Sir Faithful Fortefcue 100/. as a free gift.
Right Trufty E. Reflecting gracioufly on the many good Services hertofore done to
our Royal Father and Our Selfe during the late rebellion, by our trufthy and well beloved
Sr. Faithfull Fortefcue Knight, We canot but be moved with a Princely Senfe of his
preffing wants and contribute what the prefent ftate of our Owne affaires will fuffer towards his
reliefe and eafe, and therefore We have thought fitt herby to fignify Our Royall pleafure to
you and accordingly our will and pleafure is that you forthwith give effectuall Order for

1 See the Patent of October 14th, 1661, to Sir Thomas Fortefcue, in Appendix.

2 One of them was that of Water-BailnT and Searcher of Rivers in England. See Appendix.

Sir Faithful Forte/cue.

l97

the paying to him the faid S\ Faithfull Fortefcue, or his Aflignes the fume of one hundred
pounds, out of fuch monyes as are remaineing in the Receipt of Our Exchequer, as of Our
free guift and Royall bounty. For which, &c. Given ye November 16th 1664.

By his Majefties command.

H. B.1

He ftayed with the King until the frightful vifitation of the plague in 1665 drove all
who could leave it away from London, and then betook himfelf to the Ifle of Wight,
where he occupied the Manor Houfe of Bowcombe, one mile from Carifbrooke. Here he
fell ill ; and after a long illness, during which his friend and connection, Colonel Walter
Slingfby, the Deputy Governor of the Ifland, frequently vifited him, died there between
the 24th and 28th of May, 1666; clofing a long and eventful life at the age of more than
eighty-five years.

CAIUSltllOOKF. CHURCH, ISLF. OF WIGHT.

He was buried, either in the church or in the graveyard of Carifbrooke, on the 29th ot
that month. On the Regiftry of that parifh is the following entry : —

" 1666. May. Buried 29 day. Sir Faithful Fortefcue, Knight."

Soon after the two hundredth anniverfary of this event, i. e. on the 13th of July, 1866,
I vifited the church, and after copying the above lines from the Regifter, proceeded up the
valley to Bowcombe, to vifit the old Manor Houfe, which ftill exifts, being now a farm-houfe
on Sir John Simeon's eftate. The Vicar, the Rev. E. Boucher James, has fince had the kind-
nefs to caufe a clofe fearch to be made both in the church and churchyard for any flab with
Sir Faithful's name, but without fuccefs.

From Record Office.

198

Family of Dromifkin^ etc.

I have caufed a brafs tablet to be affixed to the wall on the north fide of the church, with
this infcription : —

"In memory of Colonel Sir Faithful Fortefcue, Knight, fon of John Fortefcue, Efquire,
of Buckland-Filleigh in Devon, by Sufannah, daughter of Sir John Chichefter of Raleigh.

tc He was a diftinguifhed Royalift officer, and fought in feveral battles of the Great
Civil War. At the Reftoration he became a gentleman of the Privy Chamber to King
Charles II.

" Having left London to avoid the contagion of the plague, he retired to this ifland, and
foon afterwards, being then of a great age, died at the manor of Bowcombe in this parifh,
and was buried within thefe precin&s on the 29th day of May, a.d. 1666.

" This tablet is placed here by his eldeft male reprefentative, Thomas (Fortefcue) Lord
Clermont, a.d. 1866."

In the year 1878 a memorial window was put up in the church of Sir Faithful's native
parifh of Buckland-Filleigh, bearing the following infcription : —

" To the memory of Sir Faithful Fortefcue, Knight, fon of John Fortefcue, Efquire of
Buckland-Filleigh,.and of his wife Sufannah Chichefter of Raleigh, an officer diftinguimed in
the great Civil War, who died at Carifbrook in the Ifle of Wight, a.d. 1666, and was buried
there, this window is dedicated by his lineal defcendants Thomas Fortefcue, Lord Clermont,
and Chichefter Fortefcue, Lord Carlingford, a.d. 1878."

He did not leave a will. There is in the Regiftry at Winchefter an inventory of the
articles of apparel and books which he had with him at Bowcombe at his death, for which
adminiftration was granted to a local creditor.1

He married a fecond wife not later than the year 1637. She was Eleanor, daughter of
Sir Marmaduke Whitechurch, Knight, and widow of John Symonds, Efquire, who left her,
as a dowry, lands in Armagh and Monaghan.2 By her he had no iftue.

Sir Faithful's eldeft fon, Chichefter, entered at the Inner Temple on the 26th of April,
1633, as "Chichefter Fortefcue, Armiger, filius et haeres apparent Faithfull Fortefcue de
Druminifkin in Com. Louth in regno Hibernias, Milit." 3

In 1634 he was returned to the Irifh Parliament for the borough of Charlemont ; and
in 1642, a few months before his death, for Carlingford; being defcribed as " of Donough-
more in the County of Downe," a portion of his father's eftate near Newry. He had a
company in Sir Charles Coote's Regiment, raifed for Scotland in 1640.4

1 See Appendix.

2 See Decrees of Chancery in Ireland, Henry VIII., 2
Armagh, No. 33, Car. i.

3 Records of Inner Temple.

Geo. III., and Inq. Rot. Cone. Hib. Rep. Ultonia
4 Carte MSS. i. ff. 113-117.

Sir Faithful Forte/cue.

199

He married Elizabeth, daughter of Sir William Slingfby, of Kippax in Yorkfhire, by
whom he had one child, Elizabeth, who married Sir Richard Graham of Norton Conyers,
near Ripon, and was the anceftrefs of the prefent Sir Reginald Graham. She died in
1705, and was buried in the parifh church of Warth, June 25, 1725. Her portrait was
at Norton Conyers until the removal of the pictures in 1864, upon the fale of the manfion
and eftate, and the arms of Graham impaling Fortefcue are ftill on a fhield over the entrance
door there.1

Chichefter Fortefcue is ftyled Sir Chichefter in Burke's account of the Graham family ; he
had the rank of a colonel in the army, but when fent in 164.12 to aflift in the defence of
Drogheda, under Tichbourne, he only commanded a company of foot " on the old eftablifh-
ment," ! and was fergeant-major of his uncle Vifcount Moore's regiment. He took an active
part in the defence, and died during the fiege in 1642. He "raifed his company of 100
men for the fervice of his own proper charge."4

Four years later his widow petitions the Houfe of Lords for her hulband's arrears.
She re-married to John Villiers, Vifcount Purbeck, brother of George Villiers, Duke of
Buckingham. Her burial, in 1695, is thus regiftered at Warth : —

" January 23, 1 695."

" Norton. — The Right Honble. Lady Elizabeth Vifcountefs of Pourbeck, buried in
linnen, but information of it made to Sir Edward Blackett."

There was a law then exifting intended to encourage the woollen manufacture, which
ordered that dead bodies fhould be fhrouded in woollen cloths ; a magiftrate's licence was
required to allow a linen fhroud.

Sir Faithful's fecond fon, John, was killed by the rebels in Ireland in 1642. ' He had a
captain's commifhon in the army intended for Scotland in 1640. He died unmarried.

The third fon was Sir Thomas, who fucceeded to his father's eftates. The other fons
were Roger, Garret, and William.

The daughters were Lettice, married to Sir Thomas Meredith, Knight ; Eleanor, married
firft, to Thomas Burnet, Efquire, who was flain in the fervice of King Charles [., and fecondly,
to Colonel Brent Moore, of the family of Bcneden, or Moor Place in Kent, an officer in high
employments; Mary, Elizabeth, and Alice.

The other children of Sir Faithful died young.

1 Letter f rom Mr. John R. Walbran of Fall-Croft, Kipon, Nov. 23* 1865. '° Mr. R. Sim-

- Hiflory of Irifh Rebellion traced to the Grand Eruption, 1743, p. 44.

3 Letter of Charles I. of May 25, 1643, granting Chichefter Fortefcue's commiflion to his brother Thomas.

4 Lords' Journals, vol. viii. p. 515, Oclober 9, 164b.
s Carte MS. i. fT. 113-117.

200

Family of Dromijkin^ etc.

Sir Thomas Fortescue.

Sir Thomas Fortefcue, the eldeft furviving fon of Sir Faithful, fucceeded to his father's
eftates, not, however, at once, or as a matter of courfe ; for his father dying without a will,
the property went to Vifcountefs Purbeck and Lady Graham, his elder brother's widow and
daughter. Sir Thomas fays, " that he purchafed his eftate from Lady Purbeck, and enjoys
nothing in right or by vertue of any fettlement made by his father or elder brother."1 The
family eftates thus narrowly efcaped alienation from the Fortefcues by paffing, through Lady
Graham, to the Grahams of Norton Conyers. He was born about the year 1620, and at
an early age ferved in the army in the Low Countries, where, as his patent recites, " he was
bredd a fouldier, and was his colonel's officer." He then returned to England, and became
" Captaine of a troop of horfe under the Lord Herbert, with great fatisfaction and approba-
tion " of Charles L, who had already, when he was twenty-two years old, given him, at his
brother Chichefter's death in 1642, the foot company which that officer had raifed at his own
expenfe and led to the defence of Drogheda the previous year.2

He was his father's cornet in the regiment which he raifed in 1642,3 and with him joined
the King's army at Edgehill, and ferved in feveral of the battles that enfued.

In 1649, on the 2nd of Auguft, he was taken prifoner by the Parliamentarians, in an
action fought before Dublin againft the King's troops, under the Duke of Ormonde. We
learn this from a pamphlet, entitled " Letters to Councell of State, of a greate Victory
againft the Earl of Ormonde and Earl of Inchiquin, before Dublin. Together with a Lift
of the Prifoners."4

" Field Officers taken.
Col. C. Plunkett, Earl of Fingall.
Col. R. Butler, Lord Ormonde's brother.
Lt.-Col. Michael Sear], Adjutant-General.

Lt.-Col. Aldworth, Lt.-Col. Staneley, Lt.-Col. Fortefcue, Lt.-Col. Jones."

Lodge ftates that he was lieutenant-colonel in Prince Charles's Horfe Guards ; and he
was probably prefent at the battle of Worcefter, becaufe four days after that battle, i.e. on
the 6th of September, 1651, there was an order by Cromwell, " difcharging Colonel
Fortefcue from reftraint, he giving a bond of 400/. and two fureties of 200/. each, that he

1 From a MS., in the handwriting of Sir Thomas's fecond fon, Captain William Fortefcue.

2 Letters Patent from Charles I. of May 25, 1643. Lord Herbert became Earl of Glamorgan, and fecond
Marquis of Worcefter. See ante, p. 188.

3 See Peacock's Army Lift of Roundheads and Cavaliers, London, 1863.

4 The pamphlet with the above title was printed in London, in 4to, 11th Auguft, 1669, by Ed. Hufband ;
it is in the Bodleian Library.

Family of Dromijkin, etc.

201

do nothing prejudicial to the Commonwealth." He is therefore fuppofed to have been
taken prifoner in that decifive action.

He is next mentioned in the year 1660, as receiving a major's commiflion on the 13th
of December, in the regiment of foot which Colonel John Cole commanded.1 And in the
year 166 1 he was appointed governor of Carrickfergus Caftle, in his father's place, who
by a patent dated 14th of October, reciting that the permiffion was "in confideration of the
eminent fervices done our Royal Father and us by our trufty and well-beloved fervant, Sir
Faithful Fortefcue," 2 was allowed to refign in favour of his fon.

He feems to have refided for fome years in his caftle of Carrickfergus, feveral of his
letters bearing that date. The following refers to the dangers of the time : —

Indor/ed :—"U.-Qo\\. Fortefcue May 1633."

Sir,

I receiued my Lord Dukes letter dated the 19th of this month, I fhall according to
my duty obferue his Graces commands with my vtmoft care and dilligence, and I fhall
endeauor to difcouer all fuch confpiritors and giue you an account of them, wee haue heere
many Rebellious harts with fmoath Tongues, profefmg great loyalty to the king, but thefe
fheep {kin wolues are generally known, therfore conceaue them the Icfs dangerous. I can
giue you nothing that's ftrang from thefe parts, my prayers & good wifhes fhall euer wait
on you, my good Lady and all yours (Deare Sr.) bee pleafed to beleeue that I am

Your mod faithful 1 louer 6c obeadient feruant

Twos: Fortescue.

Carrickfergus the 22 of May 1663.

Addrefs : — " For Sr. George Lane K\
Thefe

Dublin."3

In 1663 he was knighted. In 1682 he ferved as High Sheriff for the county of
Down.

Sir Thomas continued to hold the governorfhip at Carrickfergus, and to command a
regiment of foot, under Major-General Fairfax,' until the change of policy confequent upon

1 Sec the King's Letter in Carte Papers, vol. xli. 2 See Patent, in Appendix.

3 Carte Papers, vol. xxxii. fol. 272. In fomc of Sir Thomas Fortefcue's Letters to Sir George Lane he figns
himfclf"your affectionate kinfman.-' I have not been able to find the connection between them. Lane was
one of thofe who followed Charles II. to France after the battle of VVorccfter in 1651.

4 See printed cafe of William Fortefcue for Houfe of Commons.

D D

202

Family of Dromijkin, etc.

the acceflion of James and his encouragement of the Roman Catholic party, when he was
cafhiered from all his appointments, his fon's activity in the defence of Derry being alleged
as one of the reafons for this feverity,1 and was afterwards imprifoned in Dublin Caftle,
until, with many perfons of note, he was releafed upon the defeat of James at the battle of
the Boyne in 1688.

He lived to the great age of ninety, dying early in the year 17 10.

His will is dated the 3rd of December, 1709, and was proved on the 22nd of May,
1710.

He was twice married ; firft, to Sydney, daughter of Colonel William Kingfmill, fon of
Sir Francis Kingfmill, of Sidmonton, in Hampfhire, and Jane, daughter of Sir Watham
St. Leger, of Ulcombe in Kent, by Urfula, daughter of George Neville, Lord Aberga-
venny. The manor of Sidmonton was given to the Kingfmills by King Henry VIII. By
this marriage Sir Thomas had two fons, Chichefter and William.

He married, fecondly, Elizabeth,2 daughter of Sir Ferdinando Cary, grandfon of the
firft Lord Hunfdon, by whom he had no ifTue.

Chichefter Fortefcue, the eldeft fon of Sir Thomas, died before his father. He was
colonel of a regiment of foot, and was accounted one of the beft fwordfmen of his time.
He refided, during the reign of King James II., on his father's eftate at Donoughmore, in
Down,3 until difturbed by the troubles which marked its clofe. In the fpring of 1689,
James's Irifh foldiers having come in force from Newry to difperfe the Proteftant inhabi-
tants, all who were able fled the country ; Colonel Fortefcue's wife and three children being
fent for fafety to the Ifle of Man, while he himfelf raifed, at his own charge, a troop of
dragoons, and led them to the defence of Londonderry. He died there, fome time before
the relief of the city, of the prevalent difeafe.4

He married, in 168 1, Fridefwide,5 daughter of Francis Hall, Efq., of Mount Hall, now
Narrow-water, in Down, by whom he left one fon, Thomas, and four daughters ; the eldeft,
Sydney, married to Thomas Bolton, of Knock, Efq., brother of Theophilus, Archbifhop of
Cafhel; Lettice, married to the Rev. Thomas Tifdall, and died in 1726 ; Gertrude, married
to Thomas St. Leger, Efq., of Doneraile ;6 and Anne.

Thomas Fortefcue of Dromifkin, the only fon, fucceeded to the eftates of his grandfather,

1 See MS. Statement of Captain William Fortefcue, in the author's pofleffion.

2 For information on this marriage I am indebted to the Rev. Charles J. Robinfon, of Harewood, in Here-
fordfhire. His authority is the MS. copy of Segar's Baronagium, at the Herald's College.

3 Three of the townlands on this property, viz., Maddydrumbreeft, Moneymore, and Aughintobber, were,
about feventy years ago, fold to the Corry family of Newry.

4 See Mackenzie's Siege of Derry. Walker's do. and Afh's account.

5 She died in 1708 ; fee her Will in Armagh Diftrict Regiftry.

6 Lodge's Peerage of Ireland, vi. 118, article "Vifcount Doneraile."

Family of Dromijkin, etc.

203

Sir Thomas, in the counties of Down and Louth, on the death of the latter in 17 10. He
married, in 1 716, Anne, eldeft daughter of John Garftin, Efq., of Braganftown, and died
May 19th, 1725. His children were, Chichefter, born June 5th, 1718 ; John, born June
9th, 1 7 1 9 ; and Anne, born June 30, 1720, who died unmarried in 175 1.

Chichefter, the eldeft, and heir to his father, ferved as High Sheriff of Down in 1744,
and was returned to the Irifh Parliament for the borough of Trim, October 1 5th, 1 747, which
he reprefented until his death. He married, April 9th, 1743, the Honourable Elizabeth
Wellefley, eldeft daughter of Richard, firft Lord Mornington. She died October 10th,
1752, having had feven children, of whom two died while infants.

Mr. Fortefcue was one of the one hundred and twenty- four Members of Parliament
who were prefented by the country with gold medals for a popular and patriotic vote on the
17th of December, 1754, which is explained by a memorandum attached to Chichefter
Fortefcue's medal, by his grandfon, the late Lord Mark Kerr, as follows: —

"The Irifh Treafury, being incumbered by a furplus of ,£300,000 it was claimed for the
King; this was rejected by many of the members, who infifted it ought to be applied to
the benefit of Ireland. This medal was given to thofe who voted for the latter."

Mr. Fortefcue and his wife are mentioned in the correfpondence of Mary Granville,
whofe friends they were. She writes of them to Mrs. Dewes1: — u You know Mrs. Fortefcue
— fhe was always a favourite of mine ; her pretty hufband was abroad, which I was forry for,
as he would have been an agreeable addition to our fociety."

And again, writing to the fame from Dangan, Lord Mornington's feat, June 3rd,
1752: — "At twelve the coaches were ordered, and we drove to Mr. Fortefcue's eftate,
which he purchafed about four years ago,a and which joins to Lord Mornington's. He is
preparing for building there, and fhowed us the fituation, which will be very fine, not two
miles from hence.

" Mr. Fortefcue propofes having his houfe ready to receive him by the time Mr.Wcflcy
is of age and brings home a wife; but I wifh before that happens there may not a misfortune
befal this family that will damp all their joys; for I think Mrs. Fortefcue is in a very
dangerous way, though rather better than fhe was. She would be an infinite lofs to her
young family; to her father an irreparable one; and, as far as one can judge of man's
affections, a great one to her hufband, who is one of the beft fort of young men I was ever
acquainted with, and, withal, perfectly polite and well bred.''3

"Mrs. Fortefcue died laft Tuefday fe'nnight at Lord Mornington's houfe in Dublin.

1 Letters of Mary Granville, vol. ii. 501 ; October 5th, 1748.

2 I do not believe that the intended houfe was ever built ; and the eftate was fold again at the beginning
of the prefent century.

3 Letters of Mary Granville, vol. iii. 130.

204 Family of Dromijkin, etc.

How I feel for all the family ! Such a hufband ! I hardly ever heard of anything fo tender
and fo affectionate."1

Mr. Fortefcue died June 16th, 1757. His fons were, firft, Thomas, who fucceeded
him; Richard, born May 7th, 1749, and died in 1774; Sir Chichefter, born June 7th, 1750,
was a Rear- Admiral in the Navy ; he obtained the office of Ulfter King-at-Arms in 1788,
and was allowed to perform its duties by deputy ; he was returned Member of Parliament
for the borough of Trim in the year 1798, through the influence of Lord Mornington,
whofe clofe borough it was. The following letter on the fubjecl from Lord Mornington's
brother, the Honourable Arthur Wefley, afterwards the great Duke of Wellington, who
was firft coufin to Sir Chichefter, is not without intereft. It was written during the Duke's
firft campaign in command of a brigade in Holland.

From the Honourable Arthur Wejley to Admiral Sir Chichefter Fortefcue.

Yzerdom,2 December 20, 1794.

My dear Chit,

I have received your letter, and I wifh you joy of the circumftance which inter-
rupted you at the clofe of it. The intelligence which you give me that Lord Headfort
intends, in cafe of his father's death, to fet up Clot, for the County Meath, furprifes me
much ; firft, becaufe I thought him too prudent to enter into the electioneering politicks of
that county, unlefs certain of holding the helm, and next becaufe I could not conceive it
poflible that a family fhould fo totally throw off one of its branches in favour of another, as
it feems to be the intention of that family to do in the cafe of Robert and Clotworthy
Taylor. However, I ftiall certainly profit of the intelligence, and fhall make fuch arrange-
ments with Mornington when I go to London, as mail prevent us from being taken by
furprife. I have now a propofal to make to you, which I beg you will take into your con-
fideration,.and let me have your anfwer upon my arrival in London ; it is to bring you into
Pari', for Trim. I fhould have defired it when Taylor came in, only that I then imagined
a feat in Pari', was incompatible with your fituation in the Houfe of Lords ; but I am now
of a contrary conviction, and I am fure I need not endeavour to perfuade you that if to bring
you into Pari', can turn to your advantage, nothing will give Mornington more pleafure.
In confidering this fubject, firft revolve the advantage of which it will be to you and your
family fhould matters go on fmoothly ; next, the difadvantage, of which there is only a
poflibility, fhould they be otherwife. Upon the firft part of the queftion I need fay
nothing ; we all know that in Ireland nothing is given for nothing ; upon the fecond I muft

1 Letters of Mary Granville, iii. 165: October 20, 1752. 2 This name is indiftinct in the original.

Joshua/ Reynolds

& .Sectary.

JtOTHIAH.

nmcJiamjp [(str Esqr

Family of Dromiftin, etc. 205

urge to you that, even if matters mould change, Mornington, confidering your fituation,
would not poffibly defire you to rifk anything. I deliver this opinion upon the prefent view
of Irifh politicks, but as circum fiances may alter, it is not one upon which I mould wim
you to place a certain reliance ; but even mould Mornington defire you to go into oppofition
with him, your office was given to you long ago, long before you became a Member of
Pari'., and if one may judge of the future conduct of Irifh minifters by their former, your
oppofition will not deprive you of it. Should my reafoning upon this ground appear falfe,
you are to confider that you will always have a power to vacate your feat; and in cafe you
confent to be brought in, I mall certainly ftipulate with Mornington on your part, that to
vacate when he goes into oppofition is not to be confidered a fhabby proceeding. I have
written long enough upon this fubject. Direct your anfwer to Meyricks, Derby Street. I
intend to go to England in a few days; that is to fay, if the French remain quiet, and if the
reg1. is relieved from the advance-port upon the river Waal, where it has been for above fix
weeks. At prefent the French keep us in a perpetual ftate of alarm ; we turn out once,
fometimes twice, every night. The officers and men are haraffed to death, and if we are not
relieved, I believe there will be very few of the latter remaining fhortly. I have not had
my clothes off my back for a long time, and generally fpend the greateft part of the night
upon the bank of the river, notwithstanding which I have entirely got rid of that diforder
which was near killing me at the clofe of the fummer campaign. Although the French
annoy us much at night, they are very entertaining during the day time. They are
perpetually chattering with our officers and foldiers, and dance the Carmagnol, &c. &c. upon
the oppofite bank whenever we defire them ; but occafionally the fpectators on our fide are
interrupted in the middle of the dance by a cannon ball from theirs.

With bcft comp'5. to Lady Fortefcue,

Believe me, yours moft affectionately,

A. Wesley.

From the Honble. Sir Arthur IVelleJley 1 to Admiral Sir Chichefter Fortefcue.

Bewcflce (or Brcwtflcc, ind.rtincl), 0<5T. 30,h, 1S05.

My dear Chit.

I received from George Pomeroy your letter of the 15"' Nov', ftiortly after you had
written it, but I was fo much hurried previoufly to my departure from England that I had
not leifure to acknowledge and thank you for it, indeed I might perhaps at this moment
urge a fimilar excufe for a further delay; but it has lain by me for fuch a length of time,
and fo many years have elapfed fincc I have had any communication that I mould be

The Hon. A. Wcllefley was made a Knight of the Bath September I, 1804.

206

Family of Dromijkin, etc.

quite afhamed of myfelf if I did not take the firfr. moment which I could fpare to write
to you.

I am very much obliged to you for the care which you have taken of my goods, and as
I am embarked again in a new fcene of fervice, the refult of which I cannot forefee, I mail
be obliged to you if you will take care of them for fome time longer.

You have not told me how you fare in the world at prefent. I hope that you took care
of yourfelf, or had fomebody to take care of you at the time of the Union, which event muft
have made a material alteration in the nature of your fituation.

Our old friends at Trim have imagined, I fancy, that the difTolution of their Corporation
ought to diffolve all connection between them and our family ; not a man of them (not even
Elliott) has written me a line fince I returned to England, and I know no more about my
old acquaintance in that part of the world than if they were at Japan.

I expect that Lord Wellefley will have arrived in England about Chriftmas, I know that
you will write to him upon his arrival ; but leaft you mould forget or omit to do fo, I men-
tion that he will be much annoyed if he mould not hear from you.

God blefs you, my Dear Chit.

Believe me ever yours moft affectionately,

Arthur Wellesley.

Admiral Fcrtefcue married, in 1791, Frances Anne, third daughter of David Jones,
Efquire, of Bensfort, by whom he had ifTue, Richard, Chichefter, Sydney (a daughter),
Elizabeth, Frances, married, firft, to Rev. George Hamilton, fon of the Bifhop of OfTory,
and, fecondly, to the Rev. George H. Reade, and has ifTue; and Harriet, married to Richard
Tonfon Evanfon, Efquire.

Gerald, the fourth fon, was born Nov. 15, 175 1, and died Oct. 27, 1787 ; he married
Elizabeth, daughter of John Tew, Efquire, and had ifTue (1) a fon, Thomas, born 1784,
who for feveral years was in important employments in India, appointed thereto by his
coufin, the Marquis Wellefley, then Governor-General, and was afterwards Civil Commif-
fioner at Delhi ; he married, March 19, 1859, Louifa Margaret, fecond daughter of the late
Francis RufTell Eager, Efquire, and died September 7, 1 872; and (2) a daughter, Anne, married
to William Richard Hopkyns Northey, Efquire, of Oving Houfe, Bucks, by whom me had
one fon, Richard, and five daughters; of thefe Fanny Elizabeth married, in 1830, to George
Lord Bofton ; Geraldine, in 1838, to Jofeph Pratt-Tynte, Efquire; Margaret Antoinette, in
1 8 50, to John Lord De Saumarez ; and Eulalie Emily, to James Agg Gardner, Efquire.

Elizabeth, the only daughter of the above Chichefter Fortefcue and Honourable
Elizabeth Wellefley (born April 3, 1745), was married, June 9, 1763, to William John
Lord Newbattle, afterwards by the death of his grandfather the third Marquis of Lothian

3 6 -/r- /

Family of Dromijkin^ etc.

icy

in 1767 Earl of Ancrum ; and finally by the death of his father the fourth Marquis in 1775,
Marquis of Lothian. She died Dec. 27, 1787.

We return to Thomas Fortefcue, eldeft fon of Chichefter, who died in 1757. He was
born May r, 1744; ferved in the Irifh Parliament for the borough of Trim, from July 2,
1768, until his death in 1779; married, firft, in March, 1770, the Honourable Mary
Pakenham, fecond daughter of the firft Lord Longford, and of Elizabeth, afterwards created
Countefs of Longford; after her death, in 1775, he re-married, in 1776, Mary, daughter of
Edward Nicholfon, Efquire, by Henrietta, daughter of Robert Sandford, Efquire, of Caftle-
reagh (whofe grandfon was created Lord Mountfandford), and of Lady Henrietta O'Brien,
daughter of the Earl of Inchiquin.

By his firft wife he had Chichefter and Elizabeth, who died young, and Anna Maria,
born at Touloufe in France July 6, 1773, married, January 18, 1802, to William Par-
kinfon Ruxton, Efquire, of Redhoufe, Louth, member in the Irifh Parliament for the
borough of Ardee until the Union, and died Auguft 25, 1865, aged ninety-two years.
Mr. Ruxton died October, 1 847.

By his fecond marriage he had Chichefter, who fucceeded his father, born Auguft 1 2, 1777 ;
and Harriet, married, Nov. 12, 1 8 1 2, to the Right Honourable George Knox, fifth fon of
the firft Vifcount Northland, and brother to the firft Earl of Ranfurly, and died, January
21, 1 8 16, having had iflue, Ifabella, married to John Tifdall, Efq. of Charlesfort, and John
Chichefter, married to the Lady Louifa Darner, fifter of the third Earl of Portarlington.1

Chichefter Fortefcue, of Dromifkin, fucceeded to the family eftates on the death of
his father in 1779. He was returned to the laft of the Irifh Parliaments, for the borough
of Hillfborough, immediately upon attaining his majority, in the year 1798. In the fame
year he took his degree fromChrift Church, Oxford, where he had matriculated October 14,
1795, being "created" a Mafter of Arts on the 20th of June, 1798.- He was Lieutenant-
Colonel of the Louth Regiment of Militia. Colonel Fortefcue married, Auguft 10, 1809,
Martha Angel, daughter of Samuel Meade-Hobfon, Efquire, of Muckridge Houfe in the
county of Cork, a Barrifter-at-Law, and Chairman of that county, and died November 25,
1826, having had iflue by his wife, who died November 25, 1824, two fons and three
daughters, namely, Martha Ann, born Auguft II, 1810, married, December 2, 1828, to the
Reverend Edward Michael Hamilton, of Brown Hall, Donegal, who died in 1861, fon of
James Hamilton, Efquire, and the Honourable Helen Pakenham, daughter of the fecond

1 Mrs. Knox died at St. Gluvias, in Cornwall, where there i9 a tablet to her memory in the parifli church.

2 There is no record of his having taken his Bachelor's degree, and in explanation of this now unufual
omiffion, I am informed in 1879, by the Dean of Chrift Church, that " It was the common practice at Oxford,
down to times within memory, to create Noblemen and Gentlemen-Commoners, in which latter clafs Colonel
Fortefcue had entered, Matters of Arts w ithout their being required to take the inferior degree."

208

Family of Dromijkin^ etc.

Lord, and Mer to the fecond Earl of Longford ; by whom fhe has had three fons, Edward
William, John, and Chichefter, and one daughter, Martha Angel, married to the Reverend
Henry Stewart, Archdeacon of Dromore : — Thomas Lord Clermont, born March 9, 1 8 1 5 ;
Mary Florinda, born Auguft 5, 181 8, died April 19, 1828 ; Chichefter Samuel Lord Car-
lingford, born January 18, 1823; Harriet Angelina, born November 14, 1824, married
September 5, 1854, to David Urquhart, Efquire, of Cromarty, formerly Secretary of
Embaffy at Conftantinople and M.P. for Stafford, by whom fhe has iffue, David, Mary,
Harriet, and Francis. Mr. Urquhart died May 17, 1877.

Thomas Fortefcue, the eldeft fon of Colonel Chichefter Fortefcue, fucceeded, on the
death of his father, in November, 1826, to the paternal eftates in Louth and Down. The
latter, however, were, during his minority, fold to the Marquis of Downfhire. He gra-
duated B.A. at Exeter College, Oxford, in 1837; was returned as a knight of the fhire
for the county of Louth in July, 1840, on the refignation of Mr. Chefter, one of its repre-
fentatives ; married in the fame year, on the 26th of September, in London, the Lady
Louifa Grace Wandesforde Butler, third daughter of James, Marquis of Ormonde.

Mr. Fortefcue having, by the death of Sir Harry James Goodricke, of Ribfton Hall,
Yorkfhire, on the 21ft of Auguft, 1833, inherited the Louth and Armagh eftates of the laft
Vifcount Clermont, became the reprefentative of both divisions of the branch of the
Fortefcues fprung from the Buckland-Filleigh Houfe through Sir Faithful Fortefcue; and
on the 1 ith of February, 1852, he obtained a revival of the Irifh Barony of Clermont, with
a fpecial remainder to his brother and his heirs male; and on the 2nd of May, 1866, he
was created a peer of the United Kingdom as Baron Clermont.

Chichefter, fecond fon of Colonel Chichefter Fortefcue, was educated at Chrift Church,
Oxford, matriculating there in the fummer term of 1841. He was chofen as a ftudent of
that college in December, 1843, and at a later period was elecled by the Dean and Chapter
to an Honorary Studentfhip. He took a firft clafs in clafllcs at his Degree Examination in
1844, and graduated as Bachelor of Arts in 1845. In the following year he gained the
Chancellor's prize for the Englifh effay. In July, 1847, he was returned to Parliament for
the County of Louth, and continued to fit for that county until the diffolution in January,
1874. He was made a Lord of the Treafury by the Earl of Aberdeen in January, 1854,
was Under Secretary of State for the Colonies from June, 1857, to March, 1858, and again
from June, 1 859, to November, 1 865, when he was appointed by Earl Ruffell, Chief Secretary
for Ireland. He vacated that office on the refignation of the miniftry in July, 1866, and
refumed it, with a feat in the Cabinet, in December, 1868, on the formation of Mr.
Gladftone's government. He was fworn of the Privy Council at Windfor, in April, 1864.
In the year 1870 he exchanged his office of Chief Secretary for that of Prefident of the
Board of Trade, which he held until the retirement of the miniftry in February, 1874,
when he was raifed to the Peerage with the title of Lord Carlingford. In 1873, on the

Family of Dromijkin^ etc.

209

death of Sir Thomas Weftern, he was appointed Lord Lieutenant of Eflex, being connected
with that county by his marriage on the 20th of January, 1863, with Frances Countefs
Waldegrave, daughter of John Braham, Efq., widow of the 7th Earl Waldegrave, and of
George Granville Harcourt, Efq., of Nunenham, who polTefled eftates there. That lady
died on the 5th of July, 1879, mucn regretted.

In 1862 Lord Carlingford took the furname of Parkinfon before his own in compliance
with the will of Mr. Parkinfon-Ruxton before mentioned, who left him his eftate in Louth.

We now go back to William Fortefcue of Newragh, fecond fon of Sir Thomas Fortefcue.
He was born about the year 1647, he ferved in the army from his youth, being made an
enfign at the age of fifteen, and by a commimon figned by the Marquis of Ormonde, dated
the 19th of June, 1680, the 32nd year of Charles II. he became a lieutenant in his father's
foot company. The printed ftatement of his lofles when employed in the defence of the
town of Bandon gives an account of what, no doubt, were the principal events of his life,
and is here annexed, with the addrefs of the Houfe of Commons in his behalf.

The Cafe of William Fortefcue, Efq.

That the faid William Fortefcue, fome fhort time before the late happy Revolution in
this Kingdom, purchafed a Company of Foot in the Regiment then Commanded by the
now Major General Fairfax, and foon after by the Earl of Clancarty.

That foon after his late Majefty King William of Glorious Memory landed in England,
the faid William laid down the faid Command, and joyned in an Afl'ociation with the
Proteftant Nobility and Gentry of the Province of Munjler, and Commanded that Party
which feized on the Iri/h Forces, then Garrifon'd in the Town of Bandon, whereby he
fecured the Town for the ufe of their late Majefties King William and Queen Mary, 'till the
whole Province was Reduced by Lieutenant General Macarty, when the faid Town was
forced to Surrender upon Articles to the faid Lieutenant General ; which Articles were
Ratified by the late King James.

*m* That notwithstanding the faid Articles and Ratification, the faid William Fortefcue
was immediately after the faid Surrender, apprehended by Vertue of a Warrant from the
faid King James, and committed to Cork Goal, where he Remained Eleven Months, among
Condemned Malefactors, being Daily Threatned to be Hang'd, During which time he
received not one Farthing towards his Subfiftance, but on the Contrary, was ftripped of what
Money and Apparel he had, when he was fo Apprehended, and foon after all his Fortune
was feized by Direction of the then Powers, and his Wife and Children were turned out of
the faid William Fortefcue s Houfe, and Reduced to fo great Extremity of Want, that fome
of his Children Perifhed in Ditches.

That the faid William Fortefcue 's Father, Sir Thomas Fortefcue, was Lieutenant Colonel to
the faid Major General Fairfax, and was upon the late King William's Landing, broke by

E E

210 Family of Dromijkin^ etc.

Exprefs Order of the faid King James ; and the faid William s Brother, Chichefter Forte/cue
joyn'd the London-Derry Men, and Dyed a Lieutenant Colonel in Defence of that City.

That the faid William and his Anceftors, have upon all Occafions firmly adhered to the
Proteftant Religion, and the Intereft of the Crown of England; and the faid William has by
means of the great Severities and Loffes he Suftain'd by Reafon thereof, been very much Re-
duced in his Fortune, and never received any Compenfation for his faid Services and Sufferings.

*** That the faid Town of Bandon was the firft Garrifon Town in this Kingdom, that
was fecured for the late King William, and the laft that flood out againft the faid Lieutenant
General Macarty, in the Province of Munfter, for which Reafon, the faid King James ufed
the faid William with the utmoft Severity, in order thereby, to Deter all other Protectants,
from Imitating his Example.

For which reafons the faid William Forte/cue, humbly hopes the Honourable Houfe of
Commons, will take his faid Services and Sufferings into their Confideration, and will
Recommend him to his Excellency the Lord Lieutenant, as a Perfon that deferves Her
Majefty 's Princely Favour, and befeech His Excellency that he will be pleafed to move Her
Majefty to make fuch Provifion for the faid William Forte/cue, as Her Majefty in Her
Princely Goodnefs and CompafTion fhall think fit.

We Certifte, That purfuant to an AJfociation of the Proteftant Nobility, &c, of the
Province of Munfter, Captain William Fortefcue laid down the Command of a Foot Company,
in the Earl of Clancarty's Regiment, to take Service for their Majefties, and accordingly was
by the Earl of Inchequin, &c. Pofted to Command in Chief the Inhabitants of, and about the
Corporation of Bandon ; who form d us into Troops and Companies, and Atled as our
Governour in Seizing the Irifli Forces Quartered here in February, 1688, under the Command
of the Lord Upper-OfTory, Sir Dan. O'Neile, &c. with whom we had a sharp difpute,
wherein fome were Kill'd and W mnded ; by which the Town was Secured for their Majefties
Vfe, and remained under the faid Captains care, till the whole Province was Reduced by
Lieutenant General Macarty : And notwithftanding the Articles perfebled to us by the faid
Lieutenant General, and the late King James Ratifying the fame ; and the Receipt of 1 000/.
for Enfuring them, &c. the faid King James by his own Warrant, caufed the faid Captain to
be Apprehended by fome of his Officers, who Robbed him of his Mony, Apparel, &c. to a
conftderable value ; moft Ignominioufly expofed him, Committing him to Cork Goal amongft
Condemned Malefaclors, dayly menacing him with Death ; continued his Reftraint about Eleven
Months, to our great Regret ; without any Allowance from the faid King James for his Support.
Dated at Bandon the Firft. of March, 1694.

Chrift. Grinnaway, Provoft. Sam. Sweete,

James Jackfon, Tho. Forfter,

John Nam, Tho. Sweete,

Abra. Savage, Rich. Sweete.
Saml. Bruce,

o
h

CxJ

w
H

CO
O

~ o

O -O

2 O
o ?

5 ^

J BOO

2 H -

ai o B
CC fc. -o

«"

. s

■- <L>

S *> r>

f- t

W 2 >
<*. *5 «s

O O ^
C - -

£~

c .

M .5 -=

pB u
re

E 4 -

o
—

s g«i o*

= ° 5 JS

- tZOO O

J jtLoo oo
W.2 E-d

* g u «

w E- H -5

3 S 2 M «*»

(J 2z < <n - -

z
o
- s

as
o

£ -5

w
i

h §

- <

H
H
K

a 8

< o

a
3

o -x

. u

3 O

T3 S

§ i

5 -
= 1

w
o

u
C

7 § i

AO |

< o 5

1 ■ <

*5 "C ts

w « 3

^ («J u

8 8 2
i

35 l-sM

II-

w
p

■

- « ?
o o
^ <r
. c

? a

X ft

E s

■

c B H
Son

M h C3

I , 8

^ oo e

_ 00 ho

■< - c

g t5 p

z u a

< ifl j

i t

g ° E u

< ill

x ™

- F

jj - -o

g 4».S d

J -s S 00 oo
9 B

S <K <N
» 7.

S S -

1 jo _
u. -

5 00 ■£>

9 c - 00

u; IS —

i >° -

ii 4 n to

O ~ ~

■» — a a « 5 w

- —

P H

= rfOO

ft.s

"*1 flj ^

i!OtOx

> a

8 J
r —

u. u;
2 ee

. < V)
3 ■ O

s Ik
— _-

■ b ^
5 £ _
oc S3
. £ g

Q o
iS =
gBj

£ - M
S 5 -c
J o c
< J IJ

<s —
oo -e

< E

3 .8 ** B

!2-|

- x o -r =

OO ft

Baa**1
O •- O 00

— 1 -J .a -

S o
■c oo

U bp

c '>
H ■ —

i s
S a

3 x - 00

■ J 8.5
0 *5 « -5

<3
3

fit

Family of Dromijkin^ etc.

21 I

Addrefs of the Houfe of Commons in favour of William Forte/cue, Efq.,

June i^rd, 1710.

To his Excellency Thomas Earl of Wharton Lord Lieutenant General, and General
Governor of Ireland.

The humble addrefs of the Knights, Citizens and Burgefles in Parliament afiembled.

May it pleafe your Excellency,

Her Majefty's faithful Commons in Parliament aflembled do moft humbly inform
your Excellency that William Fortefcue Efq. in the beginning of the late happy Revolution
laid down the Command of a Foot Company which he then had in the fervice of the late
King James, in order to enter into the fervice of their late Majefties King William and
Queen Mary of glorious memory, and foon after feized on the Town of Bandon, then
garrifoned with Irifh forces, which proved of great advantage to their faid late Majefties, and
to the Proteftant intereft in this Kingdom.

That the faid Town of Bandon continued under the faid William Fortefcue's care and
government till all the other Towns in Munfter were furrendered. Then the faid Town was
only furrendered upon Articles which were ratifyed by the late King James.

That the faid William Fortefcue (contrary to the faid Articles) was committed to Corke
Goal where he continued eleven months being continually threatened to be hanged. That
the faid William Fortefcue's fortune was on that account feized and confifcated, and
his Wife and children reduced to fo miferable a condition that fome of them periftied
thro' Want.

That the faid William Fortefcue hath not hitherto had any recompenfe made him for
his faid fuffcrings and fervices.

We therefore moft humbly befeech your Excellency that you will be pleafed to lay
before her Majefty the cafe of the faid William F ortefcue, and to intercede with her Majefty
that fhe would in consideration of the faid William F ortefcue's early and exemplary zeal for
the Proteftant intereft and the late happy Revolution, and his great fervices and Sufferings,
be gracioufly pleafed to make fuch provifion for him as her facred Majefty in her Princely
Wifdom fhall think fit.

Veneris 230 die Junii 17 10.

"Ordered that fuch Members of this Floufe are of Her Majefty's Moft Honourable
Privy Council do attend his Excellency the Lord Lieutenant with the Addrefs of this Houfe
in favour of William Fortefcue Efq. and prefent the fame to His Excellency as the addrefs
of this Houfe."

" In confequence of the above addrefs, and upon further application from the Floufe of
Commons, His prefent Majefty in the year 1733, was pleafed by his Warrant to grant a

212

Family of Dromi/kin, etc.

penfion of twenty /hillings a day to the faid William Fortefcue to commence from Lady
Day 1733. That the faid William dyed in June 1734, whereby the Penfion was dif-
continued. That none of his family have ever received any recompenfe or fatisfaction in
lieu thereof."

William Fortefcue married, in 168 1, Margaret, only daughter and eventually fole
heirefs of Nicholas Gernon, of Miltown, in Louth, by the Honourable Elizabeth Plunkett,
daughter of Matthew, Lord Louth, and obtained in her right a confiderable eftate in that
county, now pofTefTed by the prefent writer. He died in June, 1734.

His children were five fons and two daughters : — Thomas, his heir ; Chichefter of
Dellin, died in 1747 ; 1 Matthew, a lieutenant in the Royal Navy, great grandfather of
the prefent Lieut.-Col. Charles Fortefcue of Stephenftown, as the meet of the Stephenftown
Pedigree will fhow ; Faithful, of Corderry, knight of the mire for the county of Louth
in 1727, married Elizabeth, daughter of Thomas Tipping, Efquire, of Caftletown, and died
in 1740, having ifTue two fons; John, in holy orders (fifth fon of Captain William
Fortefcue), became rector of Hayneftown in the diocefe of Armagh, in 1738 ; married
Elizabeth, eldeft daughter of Henry Bellingham, Efquire, of Caftlebellingham, and died
in 1 7 8 1, leaving iflue, as will be feen in the annexed Pedigree.

William Fortefcue's daughters were Alice, married to George Vaughan, Efquire, and
Mary, who married John Fofter, Efquire, of Dunleer, and was grandmother to the Right
Honourable John Fofter, the laft Speaker of the Irifh Houfe of Commons, created Lord
Oriel.

Thomas Fortefcue of Randalftown, now Clermont Park, and of Ravenfdale Park, the
eldeft fon of William of Newragh, was born in the year 1682 ; was returned to Parliament
for the borough of Dunleer, November 8th, 171 5, and for Dundalk, September 26th, 1727.
He married Elizabeth, daughter of James Hamilton, Efq., of Tollymore Park, in Down,
and fifter of the firft Earl of Clanbraffil. This gentleman added by purchafe to his Louth
eftates, and formed two extenfive feats upon them. One, near Dromifkin, he named
Clermont Park; and the other, in the valley of Ravenfdale, between Dundalk and Newry,
where he reclaimed and planted a large tract of moorland on the range of hills that
intervene between thefe towns — a diftrict which, hardly 150 years before, was thickly
covered with natural wood, but fo effectually cleared during Tyrone's rebellion for the
purpofe of depriving the Irifh of their fhelter, as to have become bleak and almoft tree-
lefs. The traveller Arthur Young, writing in 1776, thus defcribes what the proprietor had
effected : —

"July 22, 1776. Took the road through Ravenfdale to Mr. Fortefcue, to whom I
had a letter, but unfortunately he was abfent. Here I faw many good ftone and flate

1 Will proved April 8th, 1747, Armagh Regiftry.

FAMILY OF

Captain William Fortescue of Newragh, fecond fon
Sir Thomas Fortescue of Dromifkin, mar. 1681 ; dii
1734; had iffue five fons.

Rev. John Fortescue of Whiterath Houfe, fifth fon, Rector
Heyneftown and Dromifkin, died 1781 or 1782, and was burie
at Dromifkin.

(1) William,:
born July

29, 1733 ;
died 1816.

^Rebecca
Disney,
March,
1767.

(2) Henry, bo
June 24, 1736
died Jan. 15,
1812.

Faithful- William of= Jane, dau. of

Miltown-Grange, mar.
Nov. 1796 ; M.P. for
Monaghan to 1800;
died 1824. S.P.

.... Adair,
Efq., of Bel-
mont,

Queen's Co.

(1) John, in Holy^pCATHERiNE

Orders, Chancel-
lor and Preben-
dary of Cork,
died Nov. 1833.

Fortescue,
of Ste-
phenftown.

(2) James, Capt.
E. I. C. Navy,
died at Bombay,
1802, unmar.

(3) Henry, Poft-
mafter of Cork,
died May, 1 806,
unmar.

(4) Will Iii
Henry, 11
April 2, 1 h
died at Clji
tarf, Jan.
1866. I

T I I

Matthew of
Dundalk,
born 1780,
died April,
1 8 50, unmar.

Henry-
Thomas,
died in
Ceylon,

1845,
unmar.

William-Henry,
Civil Engineer,
killed in Ceylon
by a falling tree,
1850; unmar.

Thomas-Knox,
1 3 years in the
Royal Navy ;
living 1880,
unmar.

Clermont-George, Civil
Engineer, in Confederate
Army in America, woun-
ded at battle of Manaffas ;
died of his wounds, 31
Aug. 1862, unmar.

Elizabeth, and
fix other daugh-
ters.

2 Sons,

died

infants.

William - Mark-Millar
Fortescue, late 60th
Rifles, born at Trichino-
poly, in India, 1838;
mar. 1862, the dau. of
Anthony O'Reilly, Efq.
of Baltrafna (who foon
after died, S.P.) ; living
1880.

WHITERATH.

Margaret, dau. and fole heir of Nicholas Gbrnoh
Efq., of Miltown, co. Louth, by Elizabeth, dau. of
Matthew, 7th Lord Louth.

Elizabeth, dau. of Henry Bellingham, Efq., of Caftlebellinff-
nam, about 1 729. 6

Jane
Joyce,
about
•755.

^Emily, dau. of
Thos. Knox
Magee, Efq.,
July, 1807.

(3) John of Mala-=pMiss De

hide, born about
'739. was at the
taking of Quebec
with the 24th Regi-
ment; died Jan.
1831.

Sallehiry,
of Canada.

(1) John, in the=j=MARY, dau.
1 of ...

MllULIYTH,

Efq.

army, died June
8, 1 82 1 ; buried
at Malahide.

ted
ia,
r.

Alicia.=Anthony O'Reilly,
Efq., of Baltrafna,
has iffue.

VVilliam-

Faithell,

died in
India, un-
mar.

A Daughter,
living 1880.

( 2) Willia.m-Faithkul,=pHonoria,
dau. of

an officer in the army ;
wounded at Waterloo,
died of his wounds ;
buried at Mallow.

Oliyi h,
Efq , in
1798.

John- =pM
Charles,
in the
army, died
1846.

1 ARIA,

dau. ot
. . . Sheri-
dan, Efq.

I IoNOHIA,

mar. . . .

Gibson,

Efq.

Si SAN.

:Captain
Li wry.

Maria.
born 1773,
died 1857,
unmar.

Si'sav
mar. M Di
Paul of
Montpellier,
in France ;
living 1880.

Mary-

A Daugh-

Asm .

ter, mar.

died

Thavers

young.

Blackley.

un-

Efq.

mar.

Family of Dromijkin^ etc. 213

houfes, and fome bleach greens ; and I was much pleafed to fee the inclofures creeping high
up the fides of the mountains, ftony as they are. Mr. Fortefcue's fituation (at Ravenfdale
Park) is very romantic, on the fide of a mountain, with fine woods hanging on every fide,
with the lawn beautifully fcattered with trees fpreading into them, and a pretty river winding
through the vale. Beautiful in itfelf, but trebly fo on information that before he fixed there
it was all a wide wafte." 1

Thomas Fortefcue died January 23rd, 1769,2 aged eighty-five years, and was buried at
Clermont Park, in the churchyard there ; leaving iftue by his wife, who died at Bath in
1756, William Henry, afterwards Earl of Clermont, and the Right Honourable James
Fortefcue; and one daughter, Margaret, who was born in 1728, and married, in 1751, Sir
Arthur Brooke, Baronet.

The eldeft fon, William Henry, was born on the 6th of Auguft, 1722.3 He was
returned as knight of the mire for Louth county in October, 1 745. He married, Feb-
ruary 29th, 1752, Frances, eldeft daughter of General the Right Honourable John Murray,
M.P. for the county of Monaghan ; and in her right enjoyed for his life the eftates of his
wife's family in Monaghan, which then pafled to the Weftenras Lords RofTmore. In 1761
he was elected, at the general election, both for the county of Louth and for the town of
Monaghan, for the latter of which he chofe to fit, his brother being returned for Louth in
his place. In 1764 he was made one of the Poftmaftcrs General for Ireland and a Privy
Councillor; and in 1768 he was made Cuftos Rotulorum of Louth county. He was alfo
a Governor of the county of Monaghan. In 1768 he was again returned for Monaghan,*
and alfo for Dundalk, choofing, however, to fit for the former, which he reprefented until
his elevation to the Irifli peerage, May 26th, 1770, by the title of Baron Clermont. Having
no fon, he obtained, in 1 776/ a patent creating him Vifcount and Baron Clermont, with a
fpecial remainder to his brother, the Right Honourable James Fortefcue, of Ravenfdale
Park, and his iffue male; and on January 24th, 1777, he was raifed to an earldom as Earl
of Clermont. He was an original Knight of St. Patrick on the inftitution of that order in
the year 1783.

He lived to an advanced age, dying at Brighton on the 29th of September, 1806, a few
weeks after the completion of his eighty-fourth year, and was buried at Little Creflingham,
in Norfolk, the parifh in which his feat of Clermont Lodge ftands. A tablet with this
infeription is in the church there : —

1 The woods were planted by the father of the proprietor vifitcd by Young. Arthur Young's Tour,
vol. i. 126. 1 Infeription on tombflonc at Clermont Church.

3 Infeription on filver cup, late Honourable Mrs. Grantham's.

4 Lord Clermont received at the Union the ufual " compenfation " for a difenfranchifed borough — viz. 3,75°'-
for Monaghan. Sec Cornwallis Correfpondence, iii. 323.

* Date of Patent, July 23rd, 1776.

214

Family of Dromijkin^ etc.

" Near this place lyeth the body of William Henry Fortefcue Vifcount Clermont, and
Earl of Clermont in Ireland, who departed this life on the 29th day of September, 1806,
in the 85th year of his age.

" This monument is erected in obedience to his Will by his Executor William Charles
Fortefcue, now Vifcount Clermont, who was in Ireland at the time of his deceafe." 1

The Regifter contains the following : —

" 1806. William Henry Fortefcue. Earl of Clermont, was buried October 10th,
1806."

Clermont Lodge was left by Vifcount Clermont to his nephew, Sir Harry Goodricke,
and by him to the late Sir Francis Holyoake, who took the name of Goodricke, by whom
it was fold.

The old Earl of Clermont was a firft-rate fhot. He once, for a wager, killed, in one
day, in Donaweale Wood, on Lord Farnham's eftate in Cavan, fifty brace of woodcocks,
mooting with a fingle-barrelled, and of courfe flint-lock gun. Having miffed every mot
before breakfaft from the exceffive kicking of the gun, he then by the advice of the late
Earl of Ennifkillen, who was prefent, padded his coat-fleeve, and in a few hours killed his
hundred birds. The above, with fome inaccuracies, is mentioned in Yarrell's " Britifh
Birds," from Daniell. My account was given me by Lord Ennifkillen's fon, the Honour-
able John Cole, M.P.

Lord Clermont was alfo well known for many years in the racing world. He was the
winner of the Derby with his horfe " Aimwell," in 1785, when thofe ftakes, eftablifhed in
1780, were run for the fixth time. There is a print of him on horfeback flightly cari-
catured, taken on the Brighton race-courfe in 1802, when he was paft eighty. He was for
fome time " the Father of the Turf."

Sir Nathaniel Wraxall, in his Memoirs, gives a lively fketch of this genial old gentle-
man, and of his equally popular lady, which will place them before us better than any
other defcription of their characters, fayings, and doings that I have met with : 2 —

" Among the perfons of high rank whom the Prince of Wales diftinguifhed by his par-
ticular intimacy at this period, and in whofe fociety he paffed many of his hours, may be
enumerated my friends the Earl and Countefs of Clermont. They were both in the decline
of life. I have fcarcely ever known a man more fitted for a companion of kings and queens
than was Lord Clermont. Nature had formed his perfon in an elegant mould, uniting

1 I vifited the church on the 8th of Auguft, 1879, and infpecled the infcription ; its laft words appear trivial
when carved on a monument. The Lodge, a plain building of conliderable fize, ftands in a fmall well-timbered
park between Thetford and Watton, near the latter place. The eftate includes the whole of the parifh.

2 Wraxall's Pofthumous Memoirs, vol. ii. p. 355.

AA^TERABLE PEER .

taken on the RACE, COURSE, BRIGHTON".

[ William - Henry , Earl of Clermont.]

Family of Dromifein, etc.

delicacy of configuration with the utmoft bodily activity, the founded constitution, and unin-
terrupted health.

"When he was near fixty-five, while on a fhooting party — I think in Norfolk — the
Prince of Wales, who was one of the company, had the misfortune to wound him with
fmall fhot, in feveral places. Lord Clermont, however, fuffered only a fhort temporary con-
finement in confequence of the accident. His royal highnefs not long afterwards made him
a gentleman of the bed-chamber. His manners eafy, quiet, calm, yet lively and ingratiating,
never varied. Endowed with great fuavity and equality of temper, poffefllng a very ample
fortune, almoft a ftranger to bodily indifpofition, and having no iflue, male or female, he
enjoyed every hour of human life. Defcended from a branch of the antient and noble
family of Fortefcue, he had been fuccefllvely raifed to the Irifh dignities of a baron, vifcount,
and earl. Such was his paflion for the turf, that when menaced by his father to be dis-
herited if he did not quit Newmarket, he refufed; preferring rather to incur the fevereft
effects of paternal indignation than to renounce his favourite amufement. His understanding
was of the common order; but though his whole life had been parted in the fports of the
field, or among jockeys, yet he wanted not refinement; and he ufed to fhelter himfelf under
Horace's Sunt quos curriculo puherem Olympicitm, when juftifying his ardour for races.
Having mixed in the higheft circles during near fifty years, both in this country and on the
Continent, he had collected much original as well as curious information.

" Inhabiting as Lord Clermont did, a fplendid houfe in Berkeley Square ; maintaining a
table at once elegant and luxurious, choice in the felection of his wines, and in every accom-
paniment of tafte or opulence ; the Prince of Wales ufed frequently to make one of the
number of his guefts. He enjoyed indeed the privilege of fending at his pleafure to Lord
Clermont, of commanding a dinner, and naming the perfons to be invited of both fexes : a
permiflion of which his royal highnefs often availed himfelf. Notwithstanding fo clofe a
connection as he maintained with the heir-apparent, yet few noblemen were better received
at St. James's ; and fcarcely any were detained a longer time in convL-rfation by his Majefty,
whenever he appeared at the drawing-room. Nor was he lefs acceptable at the Court of
Verfailles, where he and Lady Clermont repaired almoft every year; and where they were
admitted to all the parties made by the Duchefs of Polignac for the amufement of the queen.
The very title of ' Clermont,' which he afTiimed when raifed to the peerage — and which
might be efteemed factitious, as no fuch place I believe exifted in Ireland — aflimilated him
to the blood royal of France ; a younger branch of the illuftrious line of Conde having been
denominated 1 Comtes de Clermont.' Probably he was not oblivious of this fact, in his
felection of the title.1

1 I cannot fuppofe that Lord Clermont was influenced by any fuch motive. The name, common among
French towns, probably ftruck him as well founding, and he changed the appellation of one of his feats in

2i6

Family of Dromifkin, etc.

"When about eighty-four he breathed his laft in September, 1806, at Brighthelmftone,
fcarcely a fortnight after Charles Fox expired at Chifwick. They always lived much together,
efpecially during the autumnal feafon; as Fox ufually vifited Norfolk in order to enjoy the
amufement of mooting among his friends. Lord Clermont poflefTed a feat in that part of
the kingdom for the fame purpofe. I well remember an extraordinary bet which he made
with Fox and Lord Foley, for a hundred guineas, namely, that he would find a heifer which
mould eat twenty ftone of turnips in twenty-four hours. He won the wager. I faid that
he breathed his laft at eighty-four ; an expreffion peculiarly fitted to exprefs the mode of his
death ; for he was carried off by no fpecific difeafe, nor fufFered any pain, unlefs it was intel-
lectual ; an augmenting weaknefs and extenuation, which left undiminiihed all his faculties,
fenfes, and power of converfation, gently conveyed, or rather wafted him out of life. I was
accuftomed very frequently to dine with him in a fmall fociety of friends, till within five or
fix weeks of his deceafe ; and though then evidently wafting away, yet at table he foon
became animated. Even his memory remained frefh, and he bore no refemblance to Swift's
Struldbrugs."

Horace Walpole writes to Lady Oflbry, Nov. 26th, 1780: —

" I dined with the Lucans vefterday, after dinner Lord Clermont informed us that in
the courfe of his reading he had found that Scipio firft introduced the ufe of tooth-picks
from Spain. I did not know fo much ; nor that his lordfhip ever did read or know
that Scipio was anybody but a race-horfe. His claflic author is probably ' Marfh upon the
Gums.' " 1

Of Lady Clermont, Wraxall writes :2 —

" The Countefs of Clermont was formed, like her lord, for the atmofphere of a court.
Endowed with no fuperior talents, though pofTefling a cultivated mind; her manners fub-
dued, yet exempt from fervility ; with an agreeable perfon, but deftitute of beauty ; uniting
confummate knowledge of the world to conftitutional ferenity of temper ; Ihe difplayed
almoft every qualification calculated to retain, as well as to acquire, royal favour. The
Prince of Wales profeffed and exhibited towards her a fpecies of filial regard. All his
notes addrefied to her difplayed equal affection and confidence. As Lady Clermont enjoyed
fo diftinguifhed a place in Marie Antoinette's efteem, it was natural that fhe fhould endeavour
to transfufe into the Prince's mind feelings of attachment and refpect for the French Queen,

Ireland to it, calling Reynoldflown " Clermont Park ;" and afterwards took his title from his refidence. The
fact of the name of Fortefcue being made up of two French words may have fuggefted the idea of giving a
French name to his eftate.

1 Walpole's Letters (Cunningham), vol. vii. p. 467. 2 Wraxall's Pofthumous Memoirs, vol. ii. p. 359.

Family of Dromijkin^ etc.

fimilar to thofe with which fhe was herfelf imbued. Making allowance for the difference
of fexes, there feemed to be indeed no inconfiderable degree of refemblance between their
difpofitions. Both were indifcreet, unguarded, and ardent devotees of pleafure. But the
Duke of Orleans, irritated at her fuccefsful oppofition to the marriage of his daughter with
the Count d'Artois' eldeft fon, had already preporTefTed the Prince of Wales in her dif-
favour. He was accuftomed to fpeak of her on the Duke's report as a woman of licentious
life, who changed her lovers according to her caprice. She, indignant at fuch imputations,
which foon reached her, exprefled herfelf in terms the moft contemptuous refpecting the
heir-apparent; who Ihe characterized as a voluptuary enflaved by his appetites, incapable of
any energetic or elevated fentiments.

"About this time Count Ferfen, then the Swedifh envoy at the Court of France, who
was well known to be highly acceptable to Marie Antoinette, vifited London ; bringing letters
of introduction from the Duchefs de Polignac to many perfons of diftinction here, and in
particular for Lady Clermont. Defirous to mew him the utmoft attention, and to prefent
him in the beft company, foon after his arrival ftie conducted him in her own carriage to
Lady William Gordon's aflembly in Piccadilly, one of the moft diftinguimed in the metro-
polis. She had fcarcely entered the room and made Count Ferfen known to the principal
individuals of both fexes when the Prince of Wales was announced. I mail recount the
fequel in Lady Clermont's own words to me, only a fhort time fubfequent to the fact.

" 1 His Royal Highnefs took no notice of me on his firft arrival ; but in a few minutes
afterwards, coming up to me, " Pray, Lady Clermont," faid he, * is that man whom I fee
here Count Ferfen, the queen's favourite?" "The gentleman," anfwered I, "to whom
your royal highnefs alludes is Count Ferfen ; but fo far from being a favourite of the queen,
he has not yet been prefented at Court." M God d — m me!" exclaimed he; " you don't
imagine I mean my mother ? " " Sir," I replied, M whenever you arepleafed to ufe the word
' queen' without any addition, I fhall always underftand it to mean my queen. If you fpeak
of any other queen I muft entreat that you will be good enough to fay the queen of France
or of Spain." The Prince made no reply ; but after having walked once or twice round
Count Ferfen, returning to me, <l He's certainly a very handfomc fellow," obferved he.
" Shall I have the honor, fir," faid I, " to prefent him to you ? " He inftantly turned on his
heel, without giving me any anfwer ; and I foon afterwards quitted Lady William Gordon's
houfe, carrying Count Ferfen with me. We drove to Mrs. St. John's, only a few doors
diftant, who had likewife a large party on that evening. When I had introduced him to
various perfons there, I faid to him, " Count Ferfen, I am an old woman and infirm, who
always go home to bed at eleven. You will, I hope, amufe yourfelf. Good night." Having
thus done the honours as well as I could to a ftranger who had been fo highly recommended
to me, I withdrew into the antichamber, and fate down alone in a corner, waiting for my
carriage.

F F

218

Family of Dromijkin, etc.

" < While there the Prince came in ; and I naturally expected, after his recent behaviour,
that he would rather avoid than accoft me. On the contrary, advancing up to me, " What
are you doing here, Lady Clermont ? " aflced he. " I am waiting for my coach, fir," faid I,
<c in order to go home." " Then," replied he, " I will put you into it, and give you my
arm down the ftairs." " For heaven's fake, fir," I exclaimed, « don't attempt it ! I am old,
very lame, and my fight is imperfeft. The confequence of your offering me your arm will
be, that in my anxiety not to detain your royal highnefs, I mail hurry down, and probably
tumble from the top of the ftaircafe to the foot." " Very likely," anfwered he ; " but if
you tumble, I mall tumble with you. Be aflured, however, that I will have the pleafure of
aflifting you, and placing you fafely in your carriage." I faw that he was determined to
repair the rudenefs with which he had treated me at Lady William Gordons, and therefore
acquiefced. He remained with me till the coach was announced, converfed moft agreeably
on various topics, and as he took care of me down the ftairs, enjoined me at every ftep not
to hurry myfelf. Nor did he quit me when feated in the carriage, remaining uncovered on
the fteps of the houfe till it drove off from the door.'

" I have recounted this anecdote at more length than it may feem to merit, becaufe,
trifling as are the circumftances which compofe it, they prove how gracefully the Prince of
Wales could redeem an error."

We may take a few more trifles from her contemporaries.

Mrs. Delany writes, May 25th, 1773, from St. James's Place: —

" My fine neighbour, Lady Clermont, fent cards laft week to < a few of her acquaintance'
(not exceeding 300), ' to drink tea and walk in the Park.' I fay it mould have been to eat
rufks and drink milk under the cow." 1

Horace Walpole tells the Rev.William Mafon, May nth, 1783 : —
" Lady Clermont made a great dinner and aflembly for the Duke de Chartres (Egalite)
on Thurfday. He came dirty, and in a frock with metal buttons enamelled in black, with
hounds and horfes, a fafhion I remember here above forty years ago."2

Again, to Lord Harcourt, Auguft 5th, 1783 :3 —

" The Prince of Wales dined lately at Gunnerfbury. Before they rofe from table, Lady
Clermont faid, ' I am fure the Duke of Portland is dying for a pinch of fnuff,' and pufhed
her box to him acrofs the Princefs (Amelia), who faid to her, ' Pray, madam, when did you
learn that breeding ? Did the queen of France teach it you ? '

" Thefe are the goflipping anecdotes our village affords, but they are better than the
news of burning towns and finking lhips."

1 Correfpondence of Mary Granville, 2nd feries, vol. i. p. 504.

2 Cunningham's Walpole, viii. 364. 3 Ibid., p. 397.

Family of Dromijkin^ etc.

The Hon. Grantley Berkeley1 gives an amufing account of Lady Clermont's way of
" lacing her tea" at Brighton, by turning up the back of the teafpoon to the liqueur-bottle.

She furvived her hufband for feveral years. I do not know, however, the date of her
death, or the place of her burial.

The Right Hon. James Fortefcue, of Ravenfdale Park, younger fon of Thomas For-
tefcue, of Clermont, was born May 15th, 1725 ; he fat in the Irifh Parliament, firft. for Dun-
dalk, for which place he was elected in 1757. In 176 1, on the 12th of December, he
was returned for the county of Louth, in fucceflion to his brother, who elected to fit for
Monaghan, and continued to be chofen a knight of the mire for that county until his death
in 1782. He was a Privy Councillor for fome years before his death. His remains were
buried in the churchyard within Clermont Park.

Mr. Fortefcue was an active and public-fpirited gentleman, and did much to improve
the fyftem of farming in his neighbourhood, and to encourage the linen manufacture in the
north of Ireland, for which he received teftimonials from feveral towns. An extinct local
periodical, the Newry Magazine,3 records one of hisfervices to his neighbours as follows : —

" The cut (fhip canal) from Newry (to the fea), at Fatham, was made about 54 years
ago. This valueable addition to the Canal was accomplifhed under the aufpices of the late
Right Honourable James Fortefcue, father of the prefent Lord Clermont, aided by the late
Robert Scott, M.P. and William Ogle, Efq. Hence the lock at Fatham had the name of
' Fortefcue-lock' for many years."

Horace Walpole in one of his letters thus mentions him : —

"November, 1773. The cafe of a propofed tax on Irifh abfentees was, that Mr.
Fortefcue, an Irifh Patriot, fond of popularity, though brother of Lord Clermont, a mod
devoted Courtier, did intend to propofe fuch a tax. It was as true that the Court intended
to avail themfelves of the idea, and carry it into execution ; but were foon forced to
relinquish it."3

Mr. Fortefcue married Mary Henrietta, daughter of Thomas Orby Hunter, Efquire,
of Crowland, in Lincolnfhire. This lady died December 23rd, 18 14, and lies buried at
Ketton Church, Rutlandfhire. By her he had ifTue four fons and three daughters.' The
fons were: — firft, Thomas James, of Ravenfdale Park, born February 15th, 1760; fuc-
ceeded to his father's eftate, and was knight of the fhire for Louth from December 1 8th,
1784, to 1790; and dying unmarried in 1795, was buried in the churchyard in Clermont

1 Life and Recollections, by Hon. Grantley Berkeley, 1864, vol. i. p. 59.

2 Newry Magazine, 1815, p. 1 15. 3 Walpolc's Laft Journals, by Doran, vol. i. p. 269.

4 For the dates of birth of thefe children of James Fortefcue, I am indebted to extracts from memoranda
by the Honourable Mrs. Barlow, fent me by Mr. Edmond Barlow.

220

Family of Dromijkin^ etc.

Park; fecond, Francis, born 1762, and died unmarried; third, William Charles, after-
wards Vifcount Clermont, born October 12th, 1764 ; fourth, George, in holy orders,
Rector of Killalla, in Mayo, where he was when the French expedition under General
Humbert, in aid of the Irifh rebels, landed at that place on the 23rd of Auguft, 1798,
and loyally took his mare of duty with the yeomanry, although his profeffion might have
excufed him.

The particulars of the event are taken from a publifhed narrative of the time i1 —
" On the morning after his arrival, Humbert began his military operations by pufhing
forwards to Ballina a detachment of a hundred men, forty of whom he had mounted upon
the beft horfes he could lay his hands upon in the country. On the road he concealed under
the arch of a bridge adjoining to Killalla a fergeant's guard, to watch the motions of any
ftraggling party from the enemy ; a meafure of prudence which proved fatal to the Rev.
George Fortefcue (nephew to Lord Clermont), a clergyman of the diocefe, of the faireft
character. This young gentleman, who had been enrolled in his brother's troop in the
county of Louth, had put himfelf at the head of a reconnoitring party from Ballina, and
falling in with the ambufcade, received a wound in his groin, of which he died in great
agonies, but with the moft exemplary patience and refignation, a few days after. The
carabineers and yeomanry of Ballina, after a fhort refiftance, confulted their fafety by flight,
leaving the town in the hands of the French, and one of their company, a Newport cavalier,
who was furprifed in his bed before he had time to efcape. The perfon of this prifoner
chancing to be large and corpulent, General Humbert chofe to make a public exhibition of
him as the Jpolia opima of his victory. Placing him, therefore, in his uniform, at his left
hand, in a curricle drawn by two handfome horfes, late the property of poor Mr. Fortefcue,
the General rode back from Ballina into Killalla in triumph."

I give the fequel from the fame narrator, as it refers to another member of the family,
the late Vifcount Clermont, explaining that the writer was fon of the Proteftant Bifliop of
Killalla Doctor Stock, who, with his family, was kept prifoner for fome weeks by the
French in his own See-houfe, here called the Caftle :2—

" September the 1 2th, in the evening, the light of hope began to open on the loyalifts
of Killalla. Something muft have happened, they whifpered one another, to the prejudice
of the French arms. Next morning a prifoner was brought in from Ballina, fuppofed to be
of note, becaufe the Commandant wimed the Bifhop to be prefent at his examination.

" It proved to be William Charles Fortefcue, Efquire, nephew and heir to Lord Clermont,
and Member for the County of Louth. He announced himfelf to be the brother of the
young clergyman already mentioned as having received a mortal wound in the firft encounter

1 Narrative of what paffed at Killalla in 1798 by an Eye-witnefs. London, 1800, p. 18.

2 Ibid., p. 92.

Family of Dromijkin^ etc.

221

with the French. No certain intelligence of his death had reached Dublin ; fo that Mr.
Fortefcue was inftigated by an affection for an excellent and only brother to fet out on
horfeback for Ballina, attended by one fervant, refolved to take his chance, if that town
fhould yet be in the hands of the rebels ; though, when he left the capital, it was believed to
have returned, along with the reft of the country, to the King's peace. . . . He did
not difcover his miftake until he was arretted by a patrol within a fhort diftance from
Ballina. The commanding officer there, M. True, with his ufual brutality, charged him
with coming there as a fpy, to intimidate the friends of liberty by a falfe report of the defeat
of their army (which he had met on their way to Dublin as prifoners), detained the fervant
and baggage, and fent the mafter to Killalla to be examined by M. Charoft." Here Colonel
Fortefcue remained a prifoner in the Bifhop's houfe until the relief of the place by the
King's troops. " The prefence of this gentleman was of great fervice in fupporting the
fpirits of the company at the Caftle ; for, having attained to the rank of Major in the army
he poffeffed a fteadinefs of mind in danger, and a prudence which often fuggefted the moft
falutary counfels." At one time he had a narrow efcape with his life, when the rebels began
to fire on the Caftle. " Mr. Fortefcue very humanely took upon him the direction of the
women and children, whom he placed as far as he could from the windows, and made them
remain proftrate on the carpets till the bufinefs was quite over. He himfelf could not
refrain from taking his ftand at a window of the library looking feaward, which, with the
other windows of that room, he had barricaded with beds, leaving room to peep over them.
A rafcal in the fea-grove obferved him, and calling to a woman in the road to ftand out of
his way till he mould 'do for that tall fellow,' difcharged the contents of his carabine full at
the window with fuch effect that twelve flugs made as many holes in parting through the
glafs, two of which lodged in Mr. F.'s forehead."

A contemporary of Lord Clermont's, Lady Florence Balfour, told the writer that fhe
remembers his return from Killalla, with the wounds in his forehead.

The Rev. George Fortefcue died unmarried.

The daughters of the Right Honourable James Fortefcue were : — firft, Maria, born in
1763, married, in 1787, to Captain George Francis Barlow, and died in 1853, having had
one daughter, who died before her mother, unmarried; fecond, Charlotte, born in 1766,
married, in 1796, to Sir Henry Goodricke of Ribfton, feventh baronet (by whom fhe
had Sir Harry James Goodricke, born September 1 6th, 1797), and died in 1842;
third, Emily Grace, born Auguft 19th, 1778, married to Major Grantham, of Ketton
Grange, Rutland, in 181 1, and died at Ketton, without iffue, February 27th, 1864, and is
buried in the churchyard there.

William Charles Fortefcue, fecond Vifcount Clermont, the fecond fon of James Fortefcue
of Ravenfdale, a lieutenant-colonel in the army, inherited, at the death of his elder brother
in 1795, the Ravenfdale Park property ; before that event he had fucceeded him in the

222

Family of Dromijkin^ etc.

reprefentation of Louth, having been returned for that county in March, 1790. He con-
tinued to fit for it in the Irifh Parliament until the Union in 1800 put an end to that
affembly ; and was then its reprefentative in the Parliament of the United Kingdom until
the death of his uncle, the Earl of Clermont, in 1806, caufed him to vacate the feat; the
Vifcounty and Barony of 1776 defcending to him, as well as the Louth and Norfolk eftates.

Lord Clermont never married ; and having furvived his three brothers, the titles expired
at his death, which took place at Ravenfdale Park, on the 24th of June, 1829.

By his will he left his eftates in the firft place to his only nephew, Sir Harry James
Goodricke of Ribfton Hall, in Yorkfhire, with remainder to the heirs male of the late
Colonel Chichefter Fortefcue of Dromifkin, the reprefentative of the elder line from Sir,
Faithful, as we have feen.

Sir Harry Goodricke, who was well known in the /porting circles of the day, died
unmarried on the 21ft of Auguft, 1833, at Ravenfdale Park; when the Louth and Armagh
eftates patted, as provided, to Thomas Fortefcue of Dromifkin, who had inherited his
father's eftates in Louth and Down, and who on the nth of February, 1852, obtained a
revival in his favour of the Barony of Clermont, with remainder to his only brother, as
before mentioned.

Appendices to Chap. XI.
A.

Letter Addrejfed: — " For the Lo: Lieutenant oft
Irland his Excellency."

May itt pleafe your Excellencie,

Since the wrightinge off my Lef. off this dayes date, Sr. ftaithful fortefcue, S1'.
Edmond Varney, and Lieut. Col: Brent Moore, came to the Innes were the Councell were mett,
and havinge fent us word, that they had fome thinges to imparte unto us, wch much concerned the
fauetie off this place, they were inftantly admitted, when Sr. ffaithfull in the name of them all beganne
& faide that the fervice was neglected, & that the trenches and walles off the cittie, had not bine
viewed, and that noe courfe was taken for repayringe off the defe&es, nor for anie men to worke in
the trenches, wch he faid was the Gouernors falte ; And the Lords hauinge afterwards declared their
knowledge off my care and indeuours therein, Sr. ftaithful faide, thatt the Gouernor had neglected itt,
& that iff an other man had had to doe wth itt, more had bine donne, then now has bine donne ; and
when I taxed him wth the affronte offered mee, he faid that what he had faid was from them all ; And
fpoke other words as offenfiue, as what I haue before expreffed.

I fhall fufEciently vindicate my felfe, for theire falfe imputacons, when I mail next haue the
Honnor to fee your excellency ; And fhold not haue trobled your Lop. w"1 this relacon att prefent,
were not the iniurie and affronte foe greate as wth oute the contentment of hauinge certified yor
excellency theroff, nott to be fufpended for anie time. I haue good refonne to beleeue that this

Family of Dromijkin^ etc.

223

profeeded from a premeditated confpiracy againft mee ; for yl my lord of Rofcomon, fome 4 or 5 dayes
fince, brought a propoficon to the bord, written by Sr. Edmond Varney wch (as his LoP. faid) was the
aduife of Sr. Edmond & Sr. ffaithful fFortefcue j Namely ; That theire Lops. fhold grante a Commiflion
to certaine perfonnes to bee named, to haue the power and authoritie off a Councell offwarr ; and that
fuch fhold haue power to order and decree all thinges conferninge this place and feruice heere, foe fully
that whatfoeuer they fhold order fhold be put in execucon without contradicon off anie ; w<h wold haue
bine a full fuperfedinge off my Commiflion, & was as foon reiected by the Lords as propounded ; And
Sr. Edmond meetinge A cheefe officer this morninge, tooke occafion to fpeake off mee, and told him
that wthin three dayes there fhold be an other courfe held, & other orders giuen. I will fuffer much
untill yor excellencies returne, rather than anie interruption fhalbe giuen to the feruice in hand ;
And though theire proceedinges tend to noe lefs than murine & diforder, they haue noe power to
effedte other preiudice then by theire tonges. I am foe defirous to fulfill & effectually to difcharge the
truft your Excellency has repofed in mee, thatt noe difficulties fhall difcorage or hinder mee from ap-
prouinge myfelfe,

My Lord,

Your excellencies mod allured and faithful! fervant,

Cha : Lambart.

Dublin the 9,h ofFSeptemb'. 1641 .l

To the king's mod Excellent Majcftie.
The humble Petition of Sir Faithful Fortefcue

Sheweth,

That when Sir Phelim O'Neill went into Rebell". he owed mee upon a Mortgage of Land

of his fome years before which Land being difpofed of by The Ufurpers to as good fubjedts

as themfelves, I can neither have that, nor my money, unlefs yr Majeftie will be gracioufly pleafed to
relieve me with the ordering them to pay mee what is juftly due, or render to me the Mortgage Land,
which is my humble Prayer.2

Note. — Sir Faithful then offers the form of a Provifo to be introduced into the Act (17 & 18
Car. II. cap. 2.) 3 then preparing for the Explanation of the Act of Settlement, that nothing fhould
prejudice his right which he had, on 23'1. Oct. 1641, in Sir Phelim O'Neil's Lands. But no fuch
Provifo was introduced.

To the King's mod Excellent Majcftie.
The humble peticion of Sr. Faithfull Fortefcue

Sheweth,

That the offices of Water Bailiff" and Searcher of rivers of this Kingdome being voyd, your
Maieftie was gracioufly pleafed to grant it unto me, aboute a yearc paft, And to that end referred my

1 Carte MS. xviii. fol. 246. 2 Rccord Tower, Dublin, lib. D. fol. 136.

3 a.d. 1666, the year of Sir Faithful's death.

224

Family of Dromijkin^ etc.

peticion to your Attorney Generall, requiring him to give your Maieftie his opinion in poynt of law,
what may be done therein, And I having left my peticion in truft with a friend that promift to follow
the bufines, he better knowing how to doe it, hath loft, or fo miflayed my peticion as it cannot
be found, Wherefore I moft humbly pray, that your Maieftie will be pleafed to regrant me the like
referment to your Attorney Generall.

And as in duty I mail pray, &C.1

To the King's Mojl Excellent Majejlie

The humble petition of Sr. Faithfull Fortefcu.

Sheweth That although your Majeftie gracioufly and bountifully forgave the Wine Vintners the
penalty they had drawen upon themfelves by difobeing your firft Proclamation (of moderating their
unconfcionable retayling wine at exceffive prices) yet have fome of them unthankfully and infolently
made the like contempts of your Majefties fecond and third proclamations by felling wine ever fince
much beyond the rates ordered and ftri&ly commanded by your Majeftie; wherefore I moft humbly
pray That your Majeftie will be gracioufly pleafed to graunt me your moiety of the penalty upon fuchof
them as I fhalbe able to prove have fo daringly and undutifully prefumed to difobey your Majefties third
proclamation, fome of them being (by report) very rich men by their long abufe of the fubjedr, and
Forreiners in exacting fuch unreafonable prifes for wines, their mingling and fuffifticating them, and by
their very falfe meafures.

And as in duty I fhall pray, &c.

From Sir Faithful Fortefcue to Mr. Godolphin.

Good Mr. Godolphin, be pleafed to let me know by this bringer, Mr. Felton, what is don in my
petition I left with you, If granted I pray you let me underftand whether you can & will doe me the
favor you fpoke off in helping me to a chapman for it, And for your curtefies in thefe particulers
I ftialbe

Your thankful fervant

Fayth : Fortescue.3

The gout keepes me prifoner in my chamber.

To the Kings moft Excellent Maieftie.

The humble peticion of the Servants and Creditors of Sr. Ffaithful Ffortefcue, Knight, late deceafed
Anthony Taleham, Samuell Mutton, Margery Stewfton, Henry Ruthen of the Ifle of Wight,
and John Cary and Several others, Creditors,

Humbly Sheweth,

That thefaid Faithfull Ffortefcue dureing his aboade in and aboute the citty of London had

1 State Papers, Charles II., Domeftic, vol. 142, Record Office.

2 This note has already been given in facfimile. It and the petition are calendered as belonging to
1664 or 1665. See Dom. State Papers, Charles II., vol. 109. By "chapman" is meant " purchafer."

Family of Dromijkin^ etc.

225

contracted feverall debts and then in the tyme of vifitation he repaired to the ifle of Wight for refuge
from the contagion where dureing his aboade and a very tedious Sicknefs he did not only contracte
certaine debts, but left his Servants your faid petitioners in a moft diftrefled Condicion in a ftrange
country in danger of arrefts from their Creditors and wholy deftitute of any releife or Subfiftance,
That dureing the Sicknefle of the faid S'. Ffaithfull Ffortefcue he was often vifited and relieved by
Colonnell Walter Slingfby Deputy Governor of the faid Ifland to whom in confideration of the per-
forming the funerall rites, the payment of debts and Servants Wages of him the faid Sr. Ffaithfull, he
did afligne in writeing unto the faid Colonell all his clayme, intereft and pretencion to a certaine gratious
graunt from your faid Majeftie of your Moyety of all ffynes and forfeitures impofed by law upon
retaylers of Wyne who exceede the prizes mentioned in the A£t of Parliament and your Majefties
proclamacions as may appereby the annexed aflignacion made by the faid Sr. Ffaithfull before his death
to the faid Colonell.

In tender confideration whereof your faid petitioners doe moft humbly implore your Majefties
gratious favour for the confirmation of the faid graunt unto the faid Colonell of all Your Majefties
moyety of all forfeitures made by the reteylers of wyne from the tyme of your Majefties laft pardon
unto your faid Majefties late permiflion to advance the prizes ofwynes, That thereby the faid Colonell
may be enabled to performe the will of the faid Sr. Ffaithfull in difcharging his funerall rites, paying
his debts and Servants Wages.

And your petitioners fhall ever pray, &c.

Alignment referred to in the foregoing.

Whereas his Majeftie (upon my humble petition) was gratioufly pleafed to grant unto me his
moyety of fuch fines as fhall loyallye bee impofed upon wine Vintners for fhow of contempte in felling
wine by retaile beyond the rates ordered by acle of Parliament, and commaunded by his Majelties
proclamations. I do herby afligne to my worthy friend Colonel Walter Slingfby a third part of the
faid moyetye due to mee by his Majefties grant : hce making payment of the other two parts unto
mee or my Servant Margerye Stewfton, and doe fuch needefull things as concerne my particular.
And for our true performances hereof wee have interchangeably putt our hands and feales this 24"' of
May 1666.

Ffayth. Ffortescue.

Indorfed .— " His Ma""'. Lfes Dat 14* 8bcr 1661,
ftbr Thomas Fortcfcue efq". to be
Confiable of the Caftle of Knock-
fergus, at 6j. id, per diem."

Chakles R.

Right trufty and right welbeloued Councellor and right trufiy & right welbeloued Coufins and
Councelo" Wee greet you well Whereas Our Royall Grandfather of Famous memory by his Letters

G G

226

Family of Dromijkin^ etc.

pattents under the great Seale of Ireland bearing date the 14th day of November, in the fourth yeare
of his reigne1 did give & grant unto Roger Langford Efq'. and Faithfull Fortefcue Gent. & the
Survivor of them the Office of Conftable of our Caftle at Knockfergus in the Province of Ulfter in
Our Kingdome of Ireland with the Fee of three millings Fower pence ftert p diem for theExercife of
the faid Office and alfo twenty Warders for the Defence of the faid Caftle and Eightpence ftert a day
wages for each of the faid Warders The faid Office Fee & wages to be held by the faid Roger
Langford and Faithfull Fortefcue and the furvivour of them as long as they well behaued themfelves
in the faid Office with other large Conditions as by the faid Letters Pattents appeareth And whereas
the faid office fome years after by the Death of the faid Roger Langford cam wholly by Survivourfhip
to the sd. Faithfull Fortefcue (whom Our Royall Grandfather made Kn'. and is now one of the
Gentlemen of Our Privy Chamber attending Our Perfon) and hath by Petition humbly befought Us
to accept of a Surrender of the faid Letters Pattents and be gracioufly pleafed to grant unto his fon
Thomas Fortefcue other Letters Pattents of the faid Office with the Title of Governour of Our
faid Caftle and the Fee of fix (hillings Eight pence by the day for the Exercife of the faid Office
& eight pence a day for each of the fd. twenty Warders in Our faid Caftle, which petition in con-
fideration of the Eminent Services done Our royall Father and Us by Our faid trufty and welbeloued
Servant Sr. Faithfull Fortefcue wee are pleafed to grant, therefore Our will and pleafure is and wee
do hereby will and require you that upon Surrender made of the faid Letters Patent before mentioned
in Our Chancery of Our Kingdome of Ireland you forthwith by Advice of fome of Our learned
Councell there, do caufe other Letters Patents to be made in due forme of Law under the great
Seale of that Our Kingdome containing a grant unto the fd. Thomas Fortefcue of the Office of
Governor of Our faid Caftle at Knockfergus in Our faid Kingdome of Irelande and alfo of the Fee
of fix {hillings eight pence of Lawfull money of and in England a day unto him for the Exercife of the
faid Office and twenty Armed footmen or Warders for the better Defence and Safeguard of Our faid
Caftle with eight pence of like lawfull money by the Day for every one of the faid Footmen or
Warders To haue hold and Enjoy the faid Office of Governo1" of Our faid Caftle unto the faid
Thomas Fortefcue his fufficient Deputy or Deputies as long as hee fhall well behaue himfelfe in the
faid Office And alfo to receiue the faid fix Shillings and Eight pence Fee a day for himfelfe and eight
pence a day for each of the faid twenty Warders or Souldiers in Our faid Caftle for and during all
the time the faid Thomas Fortefcue fhall live and enjoy the faid Office, to be paid by Our Treafurer
under Treafurer or Receivo1 Generall of Our Kingdome of Ireland for the time being monthly and
every month, which wee require may be duely paid them in regard the faid Thomas Fortefcue as
Governor of Our faid Caftle or his Deputy & the faid Warders are conftantly to attend their Duty in
Our Service in Our faid Caftle And alfo that the faid Thomas Fortefcue fhall haue all fuch Fees
DutyesCuftome fifh Proffits royal tyes and Advantages whatfoever as wereat any time formerly belonging
unto Our faid Caftle and the fd Office of Conftable thereof by virtue of any Letters Pattents heretofore
made & granted by any of Our Predeceflburs to any Conftable or other Cofiiander of Our faid Caftle
And wee will and require you to caufe fuch claufes of Grace and Favour and non obftantes to be
therein inferted as were contained in the former Letters Patents granted unto the faid Roger Langford
& Faithfull Fortefcue & alfo fuch other claufes and Advantages as by Our Learned Councell there or

a. d. 1606.

Family of Dromijkin^ etc.

227

by fome of them fhalbe devifed or Advifed for makeing this Our grant Advantagious & Effe&uall to
the faid Thomas Fortefcue, & thefe Our Letters ftialbe as well to you Our Juftices, as to all our
Officers and Minifters whom it may concerne a Sufficient Warr'. in that Behalfe Given at Our Court
at Whitehall this 14th day of October, 1661, in the 13. yeare of Our Reigne.

By his Ma,ies. Cofnand.

Edw: Nicholas.

Addrejfed : — " To our right trufty and Right wel-
beloued Councellor, and to Our Right
trufty and Right welbeloued Coufins
and Councellor* Our Lords Juftices or
other Our CheifeGoverno1 or Governo"
of Our Kingdome of Irelande for the
time being." 1

The Will of William Fortefcue, Efquire, of Buckland-Filleigh, a.d. 1580.

In the name of God Amen. The xv,h day of ye monethe of Aprill in the yere of our Lorde God
1 580; I Willia Ffortefcue of Buckland Ffilleigh in the Countye of Devon Efquire being of whole
mynde & of pfecl remembrance laude and prayfe unto Almyghtye God make and ordayne this my pfent
Teftament concerning my lafte Will in mail & forme followinge that is to faye, Kir ft I coinende my
foule unto Almyghtye God my Maker & Redeemer and my bodye to be buryed in the pihe Church of
Buckland Ffilleighe abovefaide, and I bequeathe towards the repayringe of the Church of Buckland
xiii*. iiiK Ite I bequeathe to the poore people of Shebbeare xiiif. iiii''. Ite to the poore of Lyttel
Torrington xiii1. iiiK Ite to the poore of Blacke Torrington xiii1. iiiK Ite to the poore of Ship-
wayfhe xiiis. iiiR Ite to the poore of Buckland Ffylleighe Xs. Ite I geve & bequeathe unto
Ffaythfull Ffortefcue, Martyne Ffortefcue, & Bartholymew Ffortefcue my three fonnes all my Manor
Mefluages, Lands, Tenements feats revfons fervices courts pqfites & heredytaments with theire ap-
purtenances whatfoevr fett, lyinge and beinge wt'hin the pvlhe of Peters Marland Shipwayfhe, & Sheb-
beare ats Shartifbeare in ye Countye aforefaide. My mind and will is that my fonne John Ffortefcue
and hys Heires fhall have & enjoye all the Mefluages Lands & Tenements wh theire appurtenances fct
lyinge & beinge in Buckland Ffilleighe althoughe they weare & are ptepcell & members of the Manor
of Peter's Marlande, without denyal dyfturbance or contradiction of the above Ffaythful, Martyne, &
Bartholymewe Ffortefcue theire Heires or Affignes anythynge to the contrarye notwithftandinge : Ite I
give and bequeathe to my faid fonnes Ffaythful, Martyne, & Bartholymewe Ffortefcue all my Eftate
right Tytle Leafes Interefts, Leafesof Yeres which I have & be to come fiafterin one [icell of Lande

called or knowen by the name of — elldowne fett, lyinge, & beinge wlin the pyfhe of Shebbeare

ats Shartilbeare abovefaide, And also certayne Mefluages Lands & Tenements in Caftle Wylce within

Carte Papers, xiii. fol. 219.

228

Family of Dromijkin, etc.

the pyftie of Peters' Marlande abovefaide. Ite I bequeathe to my fonne Ffaythfull Ffortefcue a Fether
bede pformed my fecond beft Gelding and one brafen Crocke. Alfo I give & bequethe to my fonne
Ffaythfull Ffortefcue fortye pounds of good & lawful] money of England as more at large exprefs'd in a
peare of Indentures had & made betweene the faide William Ffortefcue of the one ptie, Mr. HumfFrye
Specott, John Wekes Efquire, George Arfcott Gen, John Rawley & Thomas Bryne of the other
ptie. Ite I geve and bequethe to my fonne Martyne Ffortefcue one fether bede performed, one brafen
Crocke my beft Gelding xl Pounds of good & lawfull moneye of Englande as more at large exprefs'd in
the faide Indentures above named. Ite I geve & bequethe to my fonne Bartholymewe one fether bede
pformed my thirde befte Gelding one brafen Crocke, and xl pounds good and lawfull monye of Englande
to be payde as is expreffed more at large in a peare of Indentures above named. Ite I give & bequethe
to my daughter xii/. good & lawfull moneye of Englande. Ite I geve and bequethe to Thorne x\s.
Ite I geve and bequethe to every of my daughter Jane's Chyldren nowe lyvnge vis. viiK Ite I bequethe
to every of my daughter Philippa's chyldren nowe lyvnge vk viiK Ite I bequethe to every my daughter
Catheren Chtctn nowe lyvnge vk viiK Ite I bequethe to every my daughter Marye's Children nowe
lyvinge vk viiK Ite I bequethe to every my daughter Yeo's Children nowe lyvinge vK viiK Ite I geve
& bequethe to Awdry Ffortefcue xl. good and lawfull monye of Englande. Ite I geve & bequethe
to Thorne xxJ. Ite I geve & bequethe to Margaret Thorne xx*. Ite I bequethe to Roger
Ffortefcue my beft filver Salt Seller or Tub, the ufe thereof to remayne with my fonne John Ffortefcue
duringe his lyfe. Ite I geve and bequethe to my daughter Ffrances Ffortefcue hundred pounds of good
& lawfull monye oPEnglande to be the fir ft payde of all my legaces as in the fayde Indentures above
written more at large it douthe appeare And if the faide Ffrances Ffortefcue doe not marrye yett my
will is that fhe fhall be payde the hundred pounds whatfoever claufe fentence or wordes is in the faide
Indres or this Will to the contrarye notwfiftandge. I geve my God daughter Margaret Toder xii"'.
The refidewe of all my goods not above geven nor excepted I geve & bequethe to my fonne John
Ffortefcue my Heyre whom I do appoint ordayne & make my lawfull Executor.

Overfeers to fee my feval legaces pformed I appoint — Ffortefcue, John Wekes Efquires, & George
Arfcott Gen. and towards theire paynes I geve to every of them xx*. Provided alwayes that my will is
that the Tenants in Buckland Ffilleigh wh I have geven to fonne John Fortefcue and one pcell of the
Manner of Peters Marland fhall doe their fute & fervice to the Courts of "Ffaythfull Ffortefcue Martyn
Ffortefcue Bartholymewe Ffortefcue & to their Heyres and Aflignes as they have accuftomed heretofore
to do holden at Peters Marland.

Thefe WitnefTes Richard Wheler

Jane Whitheare
Thomas Dabb
Edward Colle.

Endorfed : — Teftfh et Adminiftrtio bonm Willm Ffortefcue Armiger
Buckland Ffilleigh & probat"1 cofm Mgr Nichs Wyatt
ap. Torriton Major vi. die menfis Aplis anno D 1583.

Office copy, Court of Probate, Exeter Regiftry, taken November 23rd, 1865.

Family of Dromifkin, etc.

229

The Will of John Forte/cue, Efquire, of Buckland Filleigh, a.d. 1603.

In the name of God Amen the x,h day of Februarie in the year of the reign of our fovereign Lord
James by the grace of God King of England France and Ireland Defender of the Faith & of Scotland
the xxxvij"1 & in the year of our Lord M.D.C. and 3. I John Fortefcu of Buckland Filleigh in the
County of Devon Efquire being thanks be to God of good and perfect memory do ordain make &
declare this my laft Will & Teftament revoking hereby all other former Wills & Teftaments
whatfoever heretofore by me made & that all gifts legacies & devifes whatfoever in them & every of
them contained or written to be from henceforth utterly fruftrate and void & of none effect. And firft
I bequeath my foul to Almighty God my Creator Redeemer & Saviour & my body to be buried in the
Parifh Church of Buckland Filleigh aforefaid. Item I give to the Poor of the Parifh of Buckland
Filleigh 201. to be delivered to the Overfeers of the Poor within 3 months next after my death. Item I
give to the Poor of each of the Parifhes of Sheepwafh, Hygh Heannton, Black Torrington, and Shebbere
V*. apiece to be likewife delivered to the Overfeers of the aforefaid feveral Parifhes within 3 months next
after my death. Item I give and bequeath to Grace Fortefcue my daughter 3 hundred pounds in money
to be paid within 2 years next after my death. Item, I give to Anne Fortefcu my youngeft daughter
3 hundred pounds fterling to be paid her within 4 years next after my death, but my will & meaning is
that if either of my forefaid daughters fhall happen to die before the time of payment of her portion as
aforefaid that 2 hundred pounds of her portion fo dying fhall ceafe & cxtinguifh in my Executor & the
other hundred pounds fhall be & remain to her fifter that fhall furvive & therewith to make up her
portion that fo overliveth the other to be 4 hundred pounds, which faid hundred pounds fo remaining over
fhall be paid at fuch time as it fhould have been if her filter had lived ; and if both of my faid daughters
fhall happen to die before their time of payment before limited, then fo much as fhall not be payable at
the time of the death of her which liveth longeft to ceafe determine be & cxtinguifh in my Executor,
except one hundred pounds thereof which faid hundred pounds fo excepted fhall be & come to my
two fons John & Faythfull which I bequeath to "them ; & my farder will & intent & meaning herein is
that if my faid Daughters or cither of them fhall be by me preferred in marriage in my lifetime then fo
much money as fhall be paid or fatisfied towards their or either of their marriages at the time of their
death fhall be abated & deducted out of their portions or her portion hereinbefore given & bequeathed
that fhall be fo by me preferred in marriage. Item I give & bequeath to John Fortefcu my fon
50 pounds in money to be paid within five years next after my death. Item, I give and bequeath to
Faythfull Fortefcu my fon 50 pounds in money to be paid within 6 years next after my death, & if
either of my faid fons fhall happen to die before the forefaid time of payment then his portion before
given to remain & be alfo to his forefaid other brother fo overliving, and the 50 pounds fo happening bv
death to be paid at fuch time as it fhould have been if the other brother had lived. Item, I give &
bequeath to Hughe Fortefcu fon of my brother Martvn Fortefcu x pounds fterling to be paid within
7 years after my death & if the faid Hughe fhall happen to die before the end of the faid 7 years then this
legacy to him to be void and extinguifh. Item, I give and bequeath to Mary Cantill of Great Torrington
fometimes my wife's fervant to bring up my children twenty nobels to be paid her within 8 years next
after my death & if fhe happen to die within the faid time of 8 years that then this legacy to her to be
void Sc extinguifh, all of which aforefaid legacies to be paid at or in my Manfion Houfe of Buckland
Filleigh aforefaid at the time before limited. Item I give to John Fortefcu my fon a good featherbed

230

Family of ' Dromijkin, etc.

with his bolfter, & with fheets and blankets to the fame, & alfo my beft gelding which I mall have at
the time of my death & my beft faddle & other furniture to the fame belonging. Item I give to the faid
Faythfull Fortefcu my fon a good featherbed with his bolfter, meets & blankets & alfo my fecond beft
gelding with his faddle & other furniture thereunto belonging. Item I give & bequeath to the faid Grace
Fortefcu my daughter a good featherbed with his bolfter fheets & blankets. Item I give & bequeath to
the faid Ane Fortefcu my daughter a good featherbed with his bolfter fheets and blankets. Item my
farder will is that my Executor fhall give unto my faid two daughters Grace & Ane their feveral diets fit
for them during fuch time & until their portions fhall be feverally paid unto them except my faid
Executor for the payment of my former legacies fhall for a time have his houfekeeping upon my Barton
of Buckland-Filleigh. Alfo my will intent & meaning is that all other my Goods & Chattells or Leafes
for years plate bedding napelle linen pots panes pewter vefTels, brafs vefTels all my iron vefTels & inftru-
ments wooden vefTels & all my wooden fluff & implements of houfehold & all my Ploughs & Plough
ftuff Waynes & Wheels & all my inftruments of hufbandry which I now have and alfo the fourfcore
pounds xiii*. & \d. which Roger Fortefcu my fon doth now owe unto me fhall be & remain to the ufe
of the faid Roger my fon towards the payment of my legacies before in thefe prefents given & bequeathed,
to whom I give & bequeath the fame by this my laft Will & Teftament except it fhall fortune me in my
lifetime to beftow my faid daughters Grace & Ane or either of them in marriage then my meaning &
intent is to difpofe of the Lxxx'. xiii*. 4/. aforfaid towards the payment of their portions in marriage as
to me fhall feem beft, & the faid Roger my fon to pay the fame if I fhall require it. Item my farder will
& intent is that-Roger my fon & heir whom I do ordain appoint conftitute & make my whole fole &
lawful Executor to pay thefe my legacies in this my laft Will & Teftament given & bequeathed & in
confideration thereof all other my goods movable & unmovable not above given or bequeathed I give
and bequeath to this my faid fon Roger Fortefcu, and if it fhall happen at any time hereafter any
ambiguite doubt or queftion to grow or arife by reafon of imperfection defect of or in any words claufes
or fentences in this my prefent laft Will & Teftament or my true intent and meaning therein that then
the farder & better explanation interpretation & conftruction of the faid doubt & ambiguite I will that my
Overfeers fhall expound explain and interpret according to their wifdom & good difcretions. And
I make Overfeers of this my laft Will praying to fee the fame to be truly & duly executed my trufty &;
faythfull friends John Fortefcu of Filleigh Efquire, Lewis Pollard of Aller Efquire, Richard Wheller
Clerk, Faythfull Fortefcu of Northam, & Martin Fortefcue of Hatherleigh Gent"1 to be my Overfeers
of this my laft Will and Teftament.1

John Fortescu.

WitnefTes prefent Nicholas Gilberd

John Norlighe
Hugh Norlighe
Tefte Me Arthuro Warrin
Tejie Me Edmundo Edye

Edmund Pyper & others.
This is a true coppie verbatim of my laft Will & Teftament.

1 The fpelling of this will has evidently been modernized by the tranfcriber. John Fortefcue the Teftator
in this will was fon of William Fortefcue the Teftator in the preceding will, and father of Sir Faithful Fortefcue,
who was father of Sir Thomas Fortefcue the Teftator in the laft will ; thefe four documents relating to as
many fucceffive generations.

Family of Dromijkin^ etc.

Endorfed : — Teftm et Inven. bonor. John Fortefcue de Buckland
Filleigh Efquire. Probatum coram Mro. Nich5. Wyatt
apud Torrington Magna quinto die menfis Maij Anno
Dm. 1604.

Office copy, Court of Probate, Exeter Regiftry, taken November 23rd, 1865.

Inventory of the goods of Sir Faithful Forte/cue, Knight.

Extracted from the DiJlriR Regiftry of Her Majeji/s Court of Probate at Winchefter.

A true and perfect Inventory of the Goodes of Sr. Faithfull Fofques Knight that was left after his
defeafe at the Manor of Bowcomb, the firft day of June Anno Dom. 1666.

It' one blake belte imbrodred with Gold .
It' one blake pinkt taby doublett ....

It' one blake tafety dublett .....

It' one blake filk grogerum dublett
It' one blake flower fatten fuite and cloake
It' one paire of hofe of Tamalete ....

It' one velvett Coate ......

It' one blake pinkt tabby cloake ....

It' one blake broadcloath cloake ....

It' one blake lining of a cloake being bayes
It' one paire of filke booate hofe topps
It' one beau hatt .......

It' one night gowne ......

It' one riding coate ......

It' one mounter capp ......

It' two capps wolles ......

It' foure paire of ftokine, two of wolted & two of olhames
It' two paire of gloves ......

It' two paire of flanell wafketts & one other wafcoatc
It' one paire of draweres .....

It' fower hollen changes .....

It' three paire of white boate hofe topps .
It' foure paire of old linin ftockenes
It' eleven bandes .......

It' fix paire of coffes ......

It' fix handkerchers ....

It' one doflen & five of Napkines ....

It' 23 bookes greate & fmall befides papper bookes .

U
xl

XV
XV

j
j

viij
•j

''j

"j
j

viij

232

Family of Dromijkin, etc.

It nnp nrrtinprTivp cnafs ....

i
J

It' one fun diall

It' three knifes .....

i
J

It' one ftandige ........

It' halfe a dozen of pewter plates .....

It' on cafe of botles . . . • • .

It' for one fnuffer pan & extinguifher & two glafles

It' on fticke ..........

It' one paire of fpures .......

It' one greate truncke, & two litle ones & one box

It' one paire of fhoofes ......

It' fome older things .......

Sume . . xiij xv viij

Robert Reeves
Richard Cooke.

Decimo quarto die menfis Septembris Anno Dni 1 668 Per ventem viru dnum Moundeford Bramfton
militem ac legis dcorem Rdi patris dni Georgii Winton Epi vicarii genlis &c. Admio omniii bonoru
&c. p'd' dni Faithfull Fortefque Militis defuncli comifla fuit Henrici Ruflen de Carifbrooke Creditor
prinli dci defun&i de bene &c. et eque' folvend debita &c. Jurat' pfotr juxta &c. falvo jure cujufcumque.

Oblig. ipe et Oliver' Stagg'
de Northwood Yeoman.

Endorfed: — 1 668. Dni Faithfull Fortefcue de
Carifbrooke F. Ad°.

Office copy, Court of Probate, Winchefter Regiftry, taken a.d. 1866.

The Will of Sir Thomas Forte/cue, Knight.

IN THE NAME OF GOD AMEN. I Sir Thomas Fortefcue of Dromifkin in the County of
Lowth Kn* being weak in body but of found mind and memory, praifed be God, doe make this my laft
Will and Teftament in manner following; vid'. Firft I recommend my foul to God Almighty who gave
it, and my body to be buried in fuch manner as my Executor hereinafter mentioned mail think fitt, but
I defire it may be done as private as poffible, and as to fuch worldly fubftance as it has pleafed God to
blefs me with I do make the following difpofition, Imprimis, I do give devife and bequeath to my
Grandfon Thomas Ffortefcue eld. fon to Chittchefter Ffortefcue my fon deceafed the leafe which I have
of the mannor town and lands of Dromifkin with all its rights members and appurtenances in as full
large ample and beneficial a manner as the fame was fett and devifed to me by his Grace the Lord
Primate of Ireland, and I being likewife pofleft of Dracott's land fituate lying and being in the Parifti
of Dromifkin by virtue of a Mortgag I do give and difpofe thereof and all the right title and intereft I

Family of Dromijkin^ etc.

233

have therein to my aforsd Grandfon Thomas Ffortefcue. Item I do leave and bequeath to my fon
William Ffortefcu the Aim of five fhillings fterling : and as to all other my reall and perfonall eftate of
what nature or kind foever I do give and difpofe of and bequeath the fame to my aforesd Grandfon
Thomas Ffortefcue excepting what is herein mentioned and excepted ; to witt I do leave and bequeath the
furne of thirty pound fterling to be given to the poor and to be put into the hands of the truftees after
mentioned to be by them difpofed of as they fhall think moft convenient. Item I do give and bequeath
unto Matthew Smalfon the fume of three pound fterling : Item I do give and bequeath to my Maid Sydney
Ball the fume of five pound fterling over and above her wages ; and I do order and appoint my afors11
Grandfon Thomas Ffortefcue to pay all the legacies aforementioned and that as foon as poflible he can
do the fame. And I do hereby nominate and appoint my afors'1 Grandfon Thomas Ffortefcue to be fole
executor of this my laft Will and Teftament hereby revoking and recalling all other and former Will or
Wills whatfoever heretofore by me made, and I do hereby likewife appoint my loving friends James
Foxall of Baun in the County of Lowth Efqr., Brant Moore of Ghormanftown in the s'1 County Efq\,
and John Moore of Drombannogher in the County of Ardmagh Efqr. to be truftees and overfeers of
this my laft Will and Teftament and that they be aiding and aflifting to my s'1 Executor in the juft and
true execution of this Will, and I charge him on my bleffing to be guided and directed by them and the
furvivr of them, and I defire my faid Exor on any difficulty that may arife on this my Will to apply to
them and the furvivr of them for advife and purfue it as ftriclly as he can. In witnefs whereof I have
hereunto fet my hand and feal this 3ri1 of xber 1709. Signed fealed and publifhed

Tho: Fortescue (Seal)

his

In prefence of Stephen ( + ) Doyle Fll Dunbar

mark

Probat et Approbat &c. coram me die 22nd May 17 10.

Mossom Joye.

Extracted from her Majefty's Court of Probate, Diftrict Regiftry of Armagh, the 20th day of
March, 1865.

H H

234

Family of Punjborne^ etc.

Chap. XII.
The Forte/cues of Pun/borne and Falkborne.

plHHE completion of our accounts of the defcendants of Sir John Fortefcue, the
Governor of Meaux, through his eldeft fon, Sir Henry, and his fecond fon, Sir
John the Chancellor, leads us to confider in the next place the third fon of that
perfonage and his defcendants. This was Sir Richard Fortefcue,1 of whom we firft
hear as going to France in 142 1 or 1422. In one of thofe years Letters of Protection
are iflued to him to go " in partes tranfmarinas ; "2 he is ftyled "of Ermyngton," the parifh
where Wympftone, his family feat, was fituated ; and he no doubt joined his father in the
French wars. He was in Devonfhire again before 1431, as may be feen in the petition of
the Sackvilles in a former chapter. At his father's death, about 1435, ^e fucceeded to
his Hertfordftiire eftate, and is ftyled " of Punfbourne," 3 otherwife Ponfbourne, otherwife
Ponnyfbourne,4 a manor near Hatfield.

He married Alice,5 daughter of Sir Walter de Windefor, of Windfor, in Yealmpton,
and by her had iflue three fons and one daughter. The fons were Richard, the eldeft, and
a fecond and third fon, both of whom were named John, according to a not unufual but
moft inconvenient practice, efpecially fo at a time when a fecond Chriftian name was never
added. The daughter was Elizabeth, who married three times ; laftly to Sir John Crocker,
of the old family of that name, feated for many generations at Lynham, in Devon, and a
branch of which afterwards inherited Windfor from the Windfors.

Sir Richard is not heard of again until the beginning of the Wars of the Rofes. It fo
happened that the firft conflict of Henry VI. with the Yorkifts took place at St. Alban's,
in the immediate neighbourhood of his refidence. He adhered to the King's caufe, and
fighting under the Duke of Somerfet againft York, in what is called the firft battle of
St. Alban's, he, with many others and their leader, was killed. Stow, in his Chronicle, thus
narrates the iflue of the fight : 6 —

1 Pedigrees of Devon Families, Harl. MS. 1538, fol. 87 ; Vifitation of Devon, 1564, collated with various
Pedigrees at Oxford; Biograph. Brit. iii. 1987, 2001. 2 Qafcon Rolls, 1421-22.

3 Pedigree in Rawlinfon MS. Brit. Mus. B. 75, f. 93, 95, 97. * Clutterbuck's Herts, ii. 348.

5 Some authorities give Agnes Holecombe as Sir Richard's wife, whereas Ihe was the wife of his eldeft fon,
Richard, as we fhall fee. I have followed the Pedigrees in the College of Arms, in the Harl. MS. 5871, in the
Vifitation of Devon, 1584, and the Vifitation of Cornwall in Harl. MS. Alfo Rifdon (p. 389), who fays that
" the Fortefcues of the Eaft parts of England are defcended from Richard Fortefcue, whofe wife was Agnes de
Windfor." 6 Stow, Chronicle, p. 399.

FAMILY OF PUNSBOURNE AND FALKBOURNE.

Sir John Fortescue, Governor of Meaux in 1422.

Sir Richard Fortescue, third fon, killed=pAGNES, dau. of Sir Walter de
1455, at the Battle of St. Albans. Windsor, of Windfor in Devon.

(1) Richard=j=Alice, dau.
(of Hoi- and heirefs

combe), died of Richard
1480. Holcombe
of Hol-
combe, Efq.

(2) ELiZA-=ift, John=2nd, . . .=3rd, Sir
beth. Wood. Elliott. John

Croker,
Knt.

(3) Sir John=^=Alice, d.

of Ponf-
bourne, died
a.d. 1500.

of Sir
Geoffry

BOLEYN.

(4) Sir John:
the younger,
(had no
iflue).

: Alice, dau. of Sir John Mont-
gomery, and fifler and co-h.
of Sir Thomas Montgomery,
K. G. (She mar. 2ndly,
Robert Langley, who died
1499; 3rdly, Ed. Wiseman,
in Jan. 1501. She died
Sept. 1508.)

Anna,=

pJOHN

Sir =

pPmupPA, d. and h.

Sir Adrian,

ANNE.= lft, SlR =

2nd, Sir

Mary.= 1 ft, John

= 2nd. An- Eliza

born

MOYLE

John,

of Humphrey, fon of

beheaded

Thomas

Edmund

Stonor,

THONY BETH.

H53-

of Bake

born

Clem knt Spice, of

1539- See

Bawd.

Lucye.

in 1495.

Ff.tty-

before

Black Notley ; be-

Salden Pedi-

place.

Corn-

1478;

came heirefs of her

gree.

wall.

died
1517

uncle, Sir Thomas
Montgomery.

ofElrington.

Richard=Eliza, dau.
Moyle of William
of Bake. Fortescue
of Prefton.

ift wife, Elizabeth, dau.=pHENRY of Falkborne, of=pMARY, widow of Sir Annf. Ethelreda

of Sir William Stafford
of Bradford.

the Privy Chamber, and
Squire of the Body to
Queen Elizabeth ; born
1514; died 1576.

Edward Darrfll, 2nd
wife ; died 1598.

Elizabeth,
mar. to Fox.

Francis, fon and=p
heir, born 1546
died 1588.

. dau. and
heirefs of Forde
of Hardinge,
SufTex.

John.= .... dau. of
.... widow
of Fflton of
Cornward.

Dorothy, mar. to Sin
Anthony Buydgfs, fon
of the Lord Chandos.

George. = .... dau. and
heirefs of ... .
Stafford, Efq.

Dudley.:

(1) Edmund,:
died 1596.

^Elizabeth, dau. of Sir
Edmund Huddlestone.

(2) Henry. (3) Richard.

:Mary, dau.
of Robert
Chane.

Daniel, born
July 24,1590.

Marie, bap.
1582.

Frances, a dau.
buried 1591.

John of Falkborne. ^Catherine, dau. of Sir
George Phillpott, Knt.

Elizabeth, mar. to ... . Mitalevi,
an Italian.

William Fortescue,
who fold Falkborne to
the Bullocks in 1637.

Judith.

Lucy. John. Katherine.

Sir yohn Fort ef cue.

235

" The Earle of Warwicke took and gathered his men together with him, and brake in
by the Garden fide into the faid Towne, betweene the fign of the Key and the Exchequer in
Holywell Streete ; and anon as they were within the faid Towne they blew the trumpet and
cried with an high voyce ' a Warwicke a Warwicke,' that marvel it was to heare. And
till that time the Duke of Yorke might never have entry into the Town, and then with
ftrong hand they brake by the barriers and fought a fierce and cruel battell, on the which
were (lain on the King's party, Lords of name : Edmund Duke of Somerfet, Henry Earle
of Northumberland, the Earle of Stafford, the old Lord Clifford, Sir Robert Vere, Berten
Entewfell, William Chamberlayne, Richard Fortefcue, and Ralph Ferrers Knights, &c. &c.
and many others flaine to the number of five thoufand ; and on the other part were (lain
about fix hundred perfons. The King was fhot into the neck with an arrowe."

By his father's death the eldeft fon, Richard, fucceeded to fome Devonfhire property.
He married, about 1453, Agnes, daughter and heirefs of Richard Hollacombe, or Hole-
combe, of Holecombe, in Devon, and had by her an only child, Anna, his heir, aged
twenty-fix years at her father's death, who married John Moyle, of Bake, in Cornwall, and
left a fon, married to Eliza, daughter of William Fortefcue of Prefton. Richard died
February 27th, 1480.' An Inquifition taken at Ermyngton, on the 26th of October, aoth
Edward IV., found him to be feized at his death of lands and mefluages in Holecomb,
Kayton, Doveton, and Langwell.

Of the elder of the two Sir John Fortefcues,2 fonsof Sir Richard of Punfborne, mentioned
in the Pedigrees, we know but little ; he mull have become a knight at an early age, for we
find a Sir John Fortefcue 1 in the 34th of Henry VI., 1455-56, who can be none other than
our prefent fubjeft, receiving from John Troyer a conveyance to him and his heirs of the
manor of Mymmefhall, with all the lands, &c. which formerly belonged to John Brokeman,
in the parifh of Northmymmes.

He married Alice, the elder of the two fitters of the fame name (who was in this refpeft in
a like cafe with her hufband), daughter of Sir John Montgomery, and fitter and afterwards co-
heir of Sir Thomas Montgomery, Knight of the Garter, of Falkborne in Efiex.

They do not appear to have left any children, for we find that Alice Spice, his wife's niece,
who married Fortefcue's nephew, John Fortefcue of Punfborne (commonly ttyled in the
Charters "John Fortefcue of Herts "), inherited eventually the whole of the Montgomery
eftates — a fubjecl to which we fhall revert further on.

This Sir John died before his wife.' She married a fecond time, to Robert Langley,

1 See the Inquifition in the Appendix, a.d. 1480, and Vifitation of Cornwall in Harl. MS.

2 See for two Sir Johns, brothers, Pedigree in Vifitation of Bucks, 1525 and 1634, and Pedigree in Vifitation
of Bedfordfhire, 1 582.

1 Clofe Rolls, Henry VI., p. 9. * Morant's Effex, ii. 1 16.

236

Family of Punjborne, etc.

who died Auguft 28th, 1499 ; and a third time, on the 17th of January, 1501, to Edmund
Wifeman of Rivenhall in Effex. Alice herfelf died in September, 1508, and was buried in
the Church of Falkborne.

Sir John Fortescue the Younger, of Punsborne.

The younger of the two Sir Johns, born not later than 1440, inherited Punfborne from
his father. He appears to have received grants either of lands or office before 1464; the
Ad of Refumption for that year including a faving " to John Fortefcue, Efquire, of all
graunts made to him by our Letters Patentes." 1

In 1 47 1 the King, to whom he was an Efquire of the Body (" Armiger de Corpore
Noftro "), fent him into Cornwall, which was ill-affected to his caufe, and was looked upon
as " the back door of the rebellion," 2 as fheriff of that county and duchy ; and he was re-
appointed as fuch from year to year, until the end of 1476 ; unlefs we except the year 1475,
when the king's brother, Richard Duke of Gloucefter, appears as fheriff, although Fortefcue
was almoft certainly his deputy. Hals informs us indeed that the Duke of Gloucefter's
appointment was for life, and that " all the perfons in the lift fet down after Fortefcue were
not abfolutely fheriffs, but deputies under the faid duke."

When Fortefcue was in the fecond or third year of his fhrievalty he was called on to act
againft one of the principal furviving adherents of Henry VI., namely, John De Vere, Earl
of Oxford, who, after the battle of Barnet and capture of Henry, had fled into Scotland and
thence into France. He was fo uneafy in his exile and fo daring in his difpofition as to
collect fhips and men with which he for fome time kept the fouth coaft of England in alarm
by his frequent landings and captures ; and finally, on the 30th of September in 1473, he
furprifed the fortrefs of St. Michael's Mount, that well-known object near Penzance in the
extreme weft. Here he was befieged and affaulted by Sir John Arundel of Trerice, but
always without fuccefs, until at laft Arundel was flain on the fands at the foot of the mount.3
Then Henry Bodrugan commanded the befiegers, but made no progrefs ; but, on the con-
trary, was thought to have an underftanding with the earl, whom he fecretly favoured, and
allowed to lay in frefh fupplies of provifions. When this fufpicion became known to the
King, he ifTued a commifTion " empowering John Fortefcue, one of the Efquires of the Body,
and Sheriff of Cornwall, Sir John Crokker, (who had married Fortefcue's fifter,) and Henry
Bodrugan, to oppofe the Earl of Oxford ; " 4 the effect of which was to fuperfede Bodrugan,
and to place the conduct of the fiege altogether under Fortefcue the Sheriff, who, however,

1 Rolls of Parliament, v. 540.

2 Hals's MS. Hiftory of Cornwall, quoted in Polwhele's Cornwall, iv. p. 45.

3 Hals, in Polwhele. * Lyfons's Cornwall, p. 140.

Sir yohn Forte/cue.

237

was hardly more fuccefsful than his predeceflbr ; for his " frequent aflaults were always and
in all places repulfed with lofs, the fort being as ftoutly defended within as it was aflaulted
without." The place thus appearing too ftrong for its aflailants,1 " and all the circumftances
being tranfmitted to the King by Mr. Fortefcue the Sheriff ; the King, for the prevention of
further bloodfhed, ordered him to have a parley with the Earl, who returned for anfwer,
' That if the King would pardon the offence of himfelf and his adherents, and grant them
their lives, liberties, and eftates, that then he would yield up the fort to his ufe ; otherwife,
they would fight it out to the laft man.' " Accordingly the King ordered a free pardon under
the broad feal of England to be made out to them ; which was fent down, and by Mr.
Sheriff Fortefcue2 delivered to the Earl, who accepted its conditions, although lefs lenient
than he defired, "to the great quiet and content of all parties." Whereupon the fort was
yielded. The Earl remained a prifoner in the Sheriff's hands, becaufe the pardon extended
only to the lives of himfelf and his companions, and not to their liberties, as Hals implies.
This will be feen by reference to the document in " the Rolls of Parliament," where the King
grants " to the aforefaid Earl and to his brothers George and Thomas De Vere grace and
pardon for their lives, their bodies to be kept in fafe cuftody in whatever place, and for what-
ever time it may pleafe him ; their lands and tenements to be at his difpofal in whatever way
he mall fee fit."

In accordance with thefe conditions Oxford was fent to the Fortrefs of Hammes in
Picardy, where he remained in confinement during the reft of the reign of Edward, and until
his efcape before the clofe of that of Richard III., when, as we mall fee, Sir John Fortefcue
was again in his company. The earl's eftates were fo rigoroufly confifcated that his countefs
was forced to live upon the alms of her friends.3

The defence of the mount lafted for feveral months ; and even after the difmifTal
of Bodrugan, and notwithstanding Fortefcue's more active meafures againft it, the
place held out from December 23rd, 1472, to the 15th of February, 1473.4 Oxford's
provifions would have fufficed until the next fummer, fo well had he victualled his ftrong-
hold. Holinfhed gives the ftrength of his party at three hundred and ninety-feven perfons.

The account of the tranfaction in " Warkworth's Chronicle " is fo quaint and graphic
that I fubjoin it. He fays : —

" In the xiii. yere of the regne of Kynge Edwarde, Sere Jhon Veere Erie of Oxenforde
that withdrew hym frome Barnetfelde and rode into Scottlonde, and from thence into Fraunce
afailed, and ther he was worfchipfully received.

1 W. Hals in Polwhele, iv. 45.

2 Fortefcue is ftyled in the original document " Johannis Fortefcue Armigor pro Corpore Noflro." Rolls
of Parliament, vi. 1 49, 14 Edward IV. 3 Kennett's Complete Hiftory of England, vol. i. p. 457-

4 Warkworth's Chronicle, laft page; and Holinfhed, iii. 428.

238

Family of Punjborney etc.

"And in the fame yere he was in the fee withe certayne fchippes, and gate grete good
and rychefTe, and afterwarde came into wefte countre and with a fotule poynte of werre gate
and enteryd Seynt Michaels Mount in Cornwayle, a ftronge place and a mygty, and can not
be geett yf it be wele vytaled withe a fewe menne to kepe hit ; for xxli menne may kepe it
ageyne alle the world.

" So the feyde Erie with xx. fcore menne fave iii. the laft day of Septembre the yere
aforefayd enteryd fyrft into the feyde Mount, and he and his menne came doune into countre
of Cornwayle to befeige the feide Mount, and fo he dyd ; and every day the Erie of Oxen-
forde's menne came doune undere Trewis and fpake with Bodrygham and his menne ; and
at the laft the faide Erie lacked vytayle, and the feyde Bodrygham fuffered hyme to be vytailed;
and anone the Kyng was put in knowlache therof ; wherfor the feide Bodryghan was dis-
charged, and Richard (John) Fortefcue, Squyere for the body, by autoryte of the Kynge
toke uppone honde to lay fege to the forfeide Mount &c. &c. And fo gret dy verfione roofe
betwyx Bodrygan and Fortefcu whiche Fortefcu was fliireve of Cornwayle. And the feide
Fortefcu layed feige the xxiiju day of Decembre the yere aforfeide ; And for the moft party
every day eche of them fought with the othere, and the feide Erie's menne kylled diverfe of
Fortefcu's menne ; and fomtyme when thei hade welle y-foughte thei wulde take a trewis
for one day and a night, and fome tyme for two or thre dayes. In the whiche trewis eche
one of them fpake and communde with other.

" The Kynge and his counfale fent unto dyverfe that were with the Erie of Oxenforde,
prevely, their pardones, and promifed to them grete giftes, and landes, and goodes, by the
whiche dyverfe of them were turned to the Kynge ayenft the Erie ; and fo in conclufion the
Erie had not paffynge viii. or ix. menne that wolde hold wythe hym, the whiche was the
undoynge of the Erie ; For this is proverbe and a fayenge, that * a caftelle that fpekythe and
a womane that wille here thei wille be gotene both.'

" For menne that bene in a caftelle of name that wille fpeyke and entreat with their
ennemys, the conclufione therof is that lofynge of that caftelle ; and a womanne that wille
here foly fpokynge unto hyre, if fche afTent not at one tyme, fche wille at another.

" And fo this proverbe was prevede trewe by the feide Erie of Oxenforde, whiche was
fayne to yelde up the feyde Mount, and put hyme in the Kyngis grace ; If he had not do
fo his owne menne wulde have brought hyme oute.

" And fo Fortefcu enterd into the feyd Mount the xv. day of Februraiy the yere afore
fayde, in the whiche was vytayle enogh tylle Midfomer aftere.

" And fo was the Erie aforefeyd, the Lord Bemonde,1 two Brotheres of the feyde Erie,
and Thomas Clyffbrde, brought as a prefonere to the Kynge ; and all was donne by ther
oun foly."

Beaumont.

Sir John Fortefcue.

239

This talk performed, Sir John was ftill continued as fheriff in Cornwall until the end of
1476 or beginning of 1477 » ne received during this laft year of his fhrievalty (as a reward
for his fervices), a pennon from the King of forty marks yearly, and a confirmation of his
appointment as Efquire of the Body.1

His marriage muft be referred to fome time in this period ; it could hardly have taken
place later than the year 1475, judging by the age of his fecond fon Adrian, who was a
married man in the year 1499. 2

His wife was Alice, youngeft daughter of Sir Geoffrey Bullein of Boleyn, of Norfolk,
Lord Mayor of London in 1457/ who had married Anne, daughter and co-heir of Thomas
Lord Hoo and Haftings, Knight of the Garter, and who was by her, father of Thomas
Bullein, created, in confequence of the marriage of his daughter Anne Boleyn with Henry
VIII., Earl of Wiltfhire and Earl of Ormond. Camden, in his "Annals of the Reign of
Elizabeth," thus dilates on that queen's connection with the Boleyns : —

"Abavus (Elizabeths) erat Galfridus Bolenus, Praetor Urbis Londini anno 1457,
eodemque tempore Equeftri dignitate ornatus ; vir integer, ea exiftimatione ut Thomas Baro.
Hoo et Haftings, ex ordine Georgiano filiam et heredem unam illi in uxorem dederit ; Ea
opulentia ut filias in fplendidas familias Cheniorum, Heidonorum, et Fortefcutorum
elocaverit, filio autem patrimonium reliquerit, et mille libras monetae Anglicae egenis in urbe
Londino, et ducentas in Norfolcia erogandas legaverit." 4

Sir Geoffrey Boleyn's eldeft daughter Elizabeth married Sir Henry Heydon of Baconf-
thorp ;s his fecond, Alice, married Sir John Fortefcue ; and the third, Ifabel, married William,
fon and heir of Sir John Cheyney.

He is next heard of on the occafion of the inftallation as Bifhop of Ely of John Morton,
afterwards Archbifhop of Canterbury and Lord Chancellor. This remarkable man had been,
as may be remembered, one of Chancellor Fortefcue's fellow-exiles, and they had been
both, upon the fubmiflion to Edward IV., admitted to his favour. Sir John of Punfborne,
on the 29th of Auguft, 1479, attended his uncle's friend at this ceremony ; and at the great
banquet afterwards, he is named as one of eleven laymen of note who were feated at the
" high dees" in the great hall, on the left hand of M my Lord of Ely." 0

1 French Rolls Pat. 16 Edward IV. 2 Patent Rolls, 10 Henry VII.

3 Clutterbuck's Herts, iii. 94. See pedigree of the Boleyns there given; and Blomtfield's Norfolk, vi. 387.
In proof that Alice Montgomery did not marry a direel forefather of Sir Adrian Fortefcue, obferve that at
Salden the Fortefcue and Bullein arms were quartered together, but not the Fortefcue and Montgomery coats,
as Cole's MSS. will fhow.

4 Camden's Annales Rerum Anglic, reg. Eliz., by Hearne, 3 vols. 8vo. vol. i. p. 1.
6 Blomefield's Norfolk, vi. 387.

8 Bentham's Hiftory of Ely Cathedral, vol. i. p. 179; and the bill of fare, and religious verfes rehearfed
between each courfe, in the Appendix to that work.

240

Family of Punjborne, etc.

In the year 148 1 Fortefcue ferved as Sheriff of Hertfordfhire and EfTex; and in the
next year, or the next but one, he was fent to Calais as one of the chief officers in command
there. Upon the death of Edward, on the 29th of April, 1483, he was continued in his
poft by Richard III. by an order dated the 28th of June in that year,1 being two days after
his acceffion and before the murder of Edward V.2 He is then ftyled, " Maifter-porter of
the town of Calais."

The perfons ferving at Calais and its marches at the time were Lord Dynham, Governor
of the town of Calais, and the King's Deputy there ; Sir Humphrey Talbot, Marfhal ; John
Fofkewe, Maifter-porter; Adryan Whitell, Controller; Sir Richard. Tunftall, Deputy of the
Caftle ; and Sir John Dunn, Deputy of the tower of Rifbanlce ; all of whom were continued
during the King's pleafure.

And not many days later he, as one of <£ the Councellors of the King " at Calais, and
nine others, of whom Sir John Dynham and Sir John Blount of Mountjoye are the two
firft, were named on a commiffion, to inquire into and arrange fundry breaches of the truce
between France and England by subjects of both countries.3 Fortefcue is called here
" Major villa? Noftrae Calefii ; " while Stow4 calls him " Protedtor" of the town, and Rapin,
" Governor of Calais." 5

We find two Patents,6 both dated the 5th of March in the next year, 1484, one of
which appoints him Efquire of the Body to the new King, and the other adds a grant of
fifty marks yearly, as a falary for that office.

Fortefcue, however, was not fated to remain long in the fervice of the ufurping monarch,
for, before the end of this year, Richard's fubjetfts, on both fides of the ftraits of Dover,
were ready at any time to revolt. The Earl of Richmond was then in Paris, received by
the French king ; and the Earl of Oxford, ftill a prifoner at Hammes, found no difficulty
either in leaving his prifon or in taking along with him Sir John Blount, in whofe keeping
he was, as well as Sir John Fortefcue, the Mafter-porter of Calais. Thus Fortefcue and
the Earl came together once more, and with Blount proceeded to join the Earl of
Richmond in Paris. I will give Holinfhed's account of the tranfaftion in his own
words :7 —

" While the Earl was thus attendant in the French Court, John Vere, Earl of Oxford,
which, as you have heard before, was by King Edward kept in prifon within the Caftle of
Hammes, fo perfuaded James Blunt, Captain of the fame Fortrefs, and Sir John Fortefcue
Porter of the Town of Calais, that he himfelf was not only difmifled and fet at liberty; but

1 Letters and Papers, Rich. III. and Hen. VII. by Gairdner, vol. i. p. 14.

2 The date of the murder of the two princes is fuppofed to be Auguft lft, 1483.

3 Rymer, V., part iii. p. 135. Ed. Hagae. 4 Annals, 467. 5 Rapin, vol. i. 644.
6 Patent Rolls, 1 Rich. III. ~< Holinfhed, iii. 427 (410.)

Sir yohn Fortefcue. 241

they alfo, abandoning and leaving their fruitful offices, did condefcend to go with him into
France to the Earl of Richmond, and to take his part. But James Blunt, like a wife
captain, becaufe he left his wife remaining in the Caftle before his departure, did fortify the
fame, both with new provisions and frem foldiers. And here, becaufe the names of Vere
and Fortefcue are remembered, it fhall not be amifs, fomewhat out of due place, yet better
a little out of order than altogether to omit the fame, to add a fupplement for the further
perfecting of a report recorded in page 329, and adding fome light alfo to their prefent place
touching the faid persons, with others. The furname of Fortefcue is deduced from the
ftrength of his fhield, wherof that Family had firft original." Then follows an account of
the fiege of St. Michael's Mount, after which the Chronicler returns to his narrative thus- —
" When the Earl of Richmond faw the Earl of Oxenforde, he was ravifhed with an
incredible gladnefs, that he, being a man of fo high nobility, and of fuch knowledge and
practice in feats of war, and fo conftant, trufty, and aflured (which alway had ftudied for
the maintenance and preferment of the Houfe of Lancafter) was now, by God's provision,
delivered out of captivity and imprifonment, and in time fo neceflary come to his aid, fuccor,
and advancement."

This defection of Fortefcue and Blount was forthwith puniftied by the attainder of both
of them.1 The former remained with the Earl of Richmond, and attended him on his ex-
pedition to England in Auguft, 1485, landing with him at Milford Haven " on the 6th of
that month ; when Henry performed an early act of royalty ! by knighting his follower, who,
although he had long been commonly called "Sir John," a title given to Efquires of the
King's Body, was not until now fo named in formal documents. He then marched through
Wales into Leicefterfhire with the army, and fought at the decifive battle of Bofworth Field,
in that county, on the 22nd of Auguft ; where, after a ftruggle of fcarcely two hours,
Richard, finding himfelf defeated, rufhed into the thicket of the fight, and was flain. He
had gone into action with his crown on his helmet, which Lord Stanley picking up on the
field placed on the Earl of Richmond's head, and proclaimed him King of England.
Richard's body was found amongft the dead, ftark naked, covered with blood and dirt ; and
in that condition was thrown acrofs a horfe, with the head hanging on one fide, and the legs
on the other, and fo carried to Leicefter, where, after lying for two days expofed to public
view, it was buried in one of the churches of the city without any ceremony.'

Sir John was not long in receiving marks of favour from the new King. He forthwith,
in little more than a month from the battle, made him Chief Butler of England, a lucrative
and dignified office, dating from early times, and generally held by pcrfons of diftinction.
The patent appointing him is dated the 20th of September, in the firft year of the reign,
1485. It is thus headed: "Rex concedit Johanni Fortefcue Militi, officium capitalis

Rolls of Parliament, vi. 274. 2 Rapin. 3 Lodge. 4 Rapin.

I I

242

Family of Punjborne^ etc.

pincernas Anglic." 1 One of his lateft predecessors in the office was John, Earl of
Wilrihire.

About the fame time he received the pofts of " Lieutenant of the Tower of Rifbanke, in
the Marches of Calais," of " Matter of the Foreft and Chace of Enfield," and of " Keeper
of the Park" there; and alfo a grant of the " Farm of Enfield."

Henry had at once made him "one of the Knights of his Body ;"2 and at his coronation
or rather two days before it, that is to fay, on the 28th of October, feveral great perfons
were raifed to or in the Peerage ; and fome of the moft active of thofe knights who had
helped him to his kingdom were made bannerets ; among the latter was Sir John Fortefcue.
Stow's Lift is as follows : — "On the morrow, being the feaft day of Simon and Jude, King
Henry created Thomas Lord Stanley, Earl of Darby ; Edwarde Courtenay, Earl of Devon-
shire; and Jafper, Earl of Pembroke, was created Duke of Bedford ; all at one time in the
Tower of London; Bannarets made at this creation : Sir Gilbert Talbot, Sir John Cheinie,
Sir William Stonar, Sir William Troutbeke, Sir John Mortimer, Sir Richard Crofby, Sir
John Fortefcue, Sir Edward Bedingficld, Sir Thomas Cokefey, Sir James Balkerville, Sir
Humfrey Stanley, Sir Richard de la Bere."3

The Parliament was called together in a week after the coronation, meeting on the
7th of November j 4 when one of its firft acts was to reverfe the attainders pronounced
by Richard againft thofe who had fided with his rival. Fortefcue's name appears in the
long catalogue of one hundred and feven perfons whom it reftores to their rights and
properties.

There is a Patent of the 13th March in the next year (i486),5 granting to him and to
his heirs male the following manors, namely: — " Ey worth, in Bedfordshire ; Mire Hall
(? Moore Hall), in Eflex ; a third part of Mytton-Clevedon, in Somerfet ; Crowley, in
Buckinghamshire ; and Brampton, in Northamptonshire ; on account of the good and
praifeworthy fervices which the said John, the well-beloved and trufty Knight of
the Body to the faid King, had performed, and did not ceafe to perform." Of thefe
manors, Moorehall, in Eftex, was part of the eftate of Sir Richard Charleton, attainted
after the battle of Bofworth as a partifan of Richard III. It remained to Sir John's
heirs until the fale of the property in 1592. 6 A third of the manor of Trumpington,
in Cambridgeshire,7 was granted at the fame time; and in the fame year an Act of
Parliament grants to Sir John Fortefcue a yearly rent of one hundred marks for five
years out of certain manors in Devonshire, the eftate of Sir William Cary,8 with power, in

1 Patent Rolls, 1 Hen. VII. Rolls of Park. vi. 377, Nov. 7, 1485. 2 See Inq. P. M. 10 Hen. VIII.

3 Stow's Chronicle, p. 47 1. * Rolls of Park. vi. p. 273.

5 Patent Rolls, l Hen. VII., and Inq. P. M. at Woburn, 10 Hen. VIII.

0 Morant, ii. 66, and Inq. P. M., 10 Hen. VIII. 7 Inq. P. M., 10 Hen. VIII., at Caxton.

8 Rolls of Parlt. vi. p. 315a.

Sir yohn Fortefcue.

243

cafe of arrears accruing, to enter and levy, beyond the rent, 40/., as "a peyne " (or
penalty). This is part of an Act reverfing the attainder of Robert Cary, fon of theaforefaid
Sir William.

In i486 he again ferved as Sheriff of Herts and EfTex, but only for the laft fix months
of the year, fucceeding Sir Robert Percy, who ferved for the firft half of the year.1 He
joined the forces collected by the King to oppofe the pretender Lambert Simnel, and
aflifted in his final overthrow at the battle of Newark-upon-Trent, fought on the 1 6th of
June, 1487.

In 1488 a patent grants to him the guardianmip of the eftates of Philippa, daughter of
Humfrey Spice, during her minority. This lady, as we fhall find, afterwards married his
eldeft fon. The patent runs thus :a —

"3 Hen. VII. Rex 19. Junii cone. Johanni Fortefcue militi cuftodiam omnium dniorm,
maneriof, terr', ten' et ceteror' premifs' que ratione minoris astatis Philippe fi lie Humfredi
Spice nobis devenerunt."

Such wardfhips of minors were often of great value to thofe who held them, and were
one of the means by which the fovereign rewarded fervices and gratified favourites.

In November of the fame year he received by patent an annuity of twenty marks.1

In the accounts of the folemnities and feftivities of Henry the Seventh and his court
there, frequent mention is made of Sir John Fortefcue. He was prefent among the ban-
nerets at the Coronation of the Queen, in November, 1487. At Allhallowtide in 1488 he
was one of a fmall retinue of Lords, Knights, and Gentlemen, who accompanied the King
and Queen to Windfor to keep the Feftival ; the Earls of Oxford, and Ormonde, and
others of note being among them ; and Chriftmas in the following year finds him with the
Court at Weftminfter, when Leland notes that "at that feafon there were the meafles fo
ftrong, and in efpecial among the Ladies and Gentlewomen, that fome died of that
ficknefs." '

In the year 1494, the King/' having created his fecond fon, Henry, afterwards Henry
VIII., now two years old, a Knight of the Bath and Duke of York, great feftivities enfued,
including a grand banquet, when we find Sir John Fortefcue prefent among the bannerets,
as this lift will fhow : —

"The names of th'aftates, lordes, banerettes, and knyghts, beying at tin s feft —
Furft, the Kyng,
The Qwene,

My ladie the Kings Moder."

1 Clutterbuck, i. p. xxxii. 2 Pat. Rolls, Hen. VII.

3 Pat. Rolls, Hen. VII. 4 Leland Coll. (Ed. Hearnc), iv. 231, 243, 255.

5 Letters and Papers, Rich. III. and Hen. VII., by Gairdncr, 2 vols, vol. i. p. 402.

244

Family of Punfborne^ etc.

Many great officers and Lords and Ladies of the Court.

Then the Bifhops.

Then the following Bannerets : —

" Sir John Cheny Banneret Knight of the Garter,

Sir Thomas Montgomery Knight of the Garter,

Sir John Arundell Banneret, brother to the Earl of Arundell,

Sir Gilbert Talbot Banneret,

Sir Edmund Stanley Banneret,

Sir John Fortefcue Banneret,

Sir Humfrey Stanley Banneret,"

and fix more, with many knights.

At fome time before 1495 his wife muft have died, becaufe about that year he married a
fecond time, a widow of very mature age, her first marriage having taken place in 1467-68,
namely, Elizabeth, daughter and co-heir of Sir Miles Stapleton,1 of Ingham in Norfolk, and
widow of Sir William Calthorpe, "who died in 1494, and was buried by his wife in the
Priory of Carmes in Norwich."2 Sir John after his fecond marriage, refided occafionally at
his wife's "city houfe " in Norwich, and at her feat at Ingham, " living in great hofpitality."
Blomefield, thinking it worth while to preferve an extract from the accounts of "John
Glavyn, fteward to Sir John," I will give it, to mow the prices of food and labour in thofe
days : —

100 Salt Fifh called Ling ......

200 Salt Fifh ........

2 cades of Red Herrings ......

8 barrels of White Herrings ......

Malting of Barley .......

Carriage of it to Sir John's City Houfe at Norwich

N.B. This was from Ingham. The City Houfe was the houfe of
the late Sir William Calthorpe in St. Martin's by the Palace.

Paid for a man to ride to London .

1 Inq. P. M., 16 Henry VII.

2 Blomefield's Norfolk, ix. 222, and Notitiae and Pedigrees of Fortefcue Family, Brit. Mus., Add. MS. 15,629,
f. 626, et feq. N.B. Both Blomefield and Peter le Neve miftake Sir John of Punfborne for Sir John the Chan-
cellor, as the dates will prove. The Compotus roll, from which the items are taken, bears date a few years
after Sir John's death, as will be feen by reference to the Appendix to this chapter. His fon, John " of
Herts," appears to have continued the Norwich eftablifhment for a time.

61 /hillings.
66/8d.

28/.

53/V.

6d. fer quarter,
id. fer quarter.

lod.

Family of Punfborne, etc.

245

For grinding a quarter of Wheat (Wheat then 4/8^. per quarter) . 3^.

To a Chandler for making Candles ..... 4^. per day.

Paid the tithe of Sir John's Garden ..... l/6d.

Fee of John Glavyn the Steward ..... 13/4^. per ann.

William Pafton writes to his father Sir John Pafton about 1495, "from Sir John
Fortefcu's Place " where he was, " becaufe they fwet fo for at Cambryge." 1 This was
probably Ingham.

The old knight appears by the following document2 to have been engaged in a turbulent
feud with one of his neighbours, Sir William Say, whofe feat of Bafle in Hoddefdon
parifh, was in the fame part of Hertfordfhire with Ponfborne. The threatened affray
between the two knights and their followers mud have alarmed the peaceably inclined neigh-
bours, and they applied to the fovereign to prevent it. Henry VII. addrefled Sir John For-
tefcue and Sir William Say thus : —

Henry R. By the King.

Trufty and wellbeloved, we grete you wele, And have herd to our grete difpleafer that
for certayne variance and controverfie depending betwixt you on the oon partie and Sir
John Fortefcue on the other, ye intende with unliefull aflembles and conventicles of our
people to be at the Seflions next to be holden within our Countie of Hertford, to th'arrraying
of our Peas and diftourbance of the fame Seflions which we ne wold, in efchewing fuch trouble
and inconvenients that by likelyhode might thereuppon enfue. Wherfore we write unto you
at this tyme commanding you in the ftraighteftwyfe that leveing the faid aflembles, ye forber
to be at the faid Seflions, and neither doo ne procure to be doon anything there, privately or
apertely repugnant to the equitie of our Laws, or rupture of our faid Peas, at your uttermoft
perell — and alfo that immediately after the fight herof ye adrefle you unto our prefence, to
know our further mynde, and pleafer in the premefles.

Lating you wite that we have written in like wife herein to the faid Sir John.

Yeven under our fignet at our Paloys of Weftminftcr the xxiii. day of February.

To our trufty and wellbeloved Knight Sir William Say.

The only letter of the two which has been preferved is this to Sir W. Say.

We now ceafe to find mention of Sir John in public or private papers1 until a very

1 Pafton Letters, Ed. Gairdner, vol. iii. p. 389. 3 Ellis, Original Letters, ift Series, vol. i. p. 39-

3 Letters and Papers of Richard III. and Henry VII., by Gairdner, vol. ii. p. 88 ; and Turpin's Chronicle
of Calais, p. 3.

246

Family of Pun/borne, etc.

fhort time before his death, and then once only, when he was fummoned to attend the King
and Queen on their journey to Calais, whither they went to avoid the plague now raging in
England ; thirty thoufand perfons died of it in London in this year.

Sir John Fortefcue landed at Calais, May 15th, 1500. There the Archduke Philip
came to vifit the Englifh fovereign, and at the ceremony of the meeting of the two princes,
he was in the King's retinue. His name is hardly dealt with in the lift of names, appearing
as Sir John Forkefkewe.

This meeting took place in the month of May, and on the 28th of July following, Sir
John who had returned to England, died at his houfe at Punfborne.1 He was buried in
the church of Bifhops Hatfield, where his fons John and Adrian erected a marble tomb over
his remains.

This, as the latter tells us, was from " the marbellars of CorfT," i.e., Purbeck, and was
enriched with " images and armys." The tomb was in a chapel fet apart to his memory.
Some years later, in 1526, Sir Adrian, in one of his expeditions to Calais, bought there " in
the wartime a great tabernacle for the altar " of this chapel.2

His widow, notwithftanding her age, married again, early in 1502, a third hufband, Sir
Edward Howard, the Lord Admiral, brother to the Duke of Norfolk. When about to
take this ftep, " fhe did, in the 17th Hen. VII., infeof feveral perfons of the manor of
Ingham, and other lands, to the ufes (he fhould declare, notwithftanding any alignment to
be made by Sir Edward Howard whom fhe intended to marry, and defired that after her
deceafe a prieft fhould be found to pray for her foul and the fouls of her hufbands, Sir
William Calthorpe, Knt, and Sir John Fortefcue, Knt." 3

Blomefield afferts that Lady Fortefcue had married Lord Scroop, as well as Sir William
Calthorpe, before Sir John Fortefcue, and that Sir Edward Howard was her fourth hufband.
He is not, however, fupported by Peter Le Neve ; therefore we will give her the benefit of
the doubt. Her only iflue was by her firft hufband, and her eftates defcended to her fon,
Sir Francis Calthorpe.

Sir John left by his firft wife two fons, John, the eldeft, and Adrian, of whom here-
after ; and three daughters, Anne, married, firft, to Sir Thomas Bawd, fecondly, to Sir
Edward Lucye ; Elizabeth, married to Simon Elrington, Efq. ; and Mary, married, in the
year 1495, to John Stonor, fon of Sir Walter Stonor, and brother to Sir Adrian's firft
wife. The leave of the King for the celebration of this marriage was afked for and ob-
tained, by the lady's father; there being a Patent Roll of 10 Hen. VII., 15th February
(H95)> "granting to Sir John Fortefcue, Knt., the marriage of John Stonour." Leland
thus mentions the double alliance between the Stonors and Fortefcues : — " Olde Fortefcue

1 Inq. P. M. Hertford, 10 Hen. VIII. 2 See Sir Adrian's Book of Accompts, in Appendix.

3 Notitiae and Pedigrees in Add. MS. 15,629 ; and Blomefield's Norfolk, vol. v. p. 348.

Family of Pun/borne, etc.

247

Doughter in Henry the VII. tyme, married the Sunne and Heir of Stoner ; and after, as I
hard, old Fortefcue Sunne married the Doughter and Heire of Stoneher." 1

After the death of her firft hufband, Mary Fortefcue married Anthony Fettyplace.2 She
had no iflue by John Stonor, at whofe death his fifter Anne (Lady Fortefcue) became his
heir.3

John Fortefcue, of Ponfbourne,4 the eldeft fon of the Sir John who fucceeded to his
father's eftates, was probably born not later than the year 1469 ; for he is named in a Clofe
Roll,5 referring to Middlefex and Herts, of the 1 6th February, 1490, as John Fortefcue,
Armiger ; fo that he was probably at leaft of age in that year ; and the inquifition port mortem
on his father fays that he was more than twenty-one years old at his father's death in 1 500.

The following entries in the Books of Accounts of Henry VII. are preferved in the
Britifh Mufeum : —

" 1 November 1503.0 Anthony Fettyplace, John Fortefcue, and John Cole of Devon,
etc. bounden in two obligations to pay fifty marks at Candlemas next comyng, and fifty
marks at Halotyde after, for a murdor. 100 Marks (folut).

" 1 April 1 504. Sir Adrian Fortefcue and John Fortefcue, etc. bounden in an obligation
to pay at Michelmas next coming for a fyne 20/. (fol.).

" 12 June 1505. Sir Adrian Fortefcue, John Fortefcue, and Thomas Halys er bounden
in three obligations to pay 20/. at Halowtyde next comyng, 20/. on Afcenfion-tyde after,
and 20/. at Halotyde cum 12 moneth for the fyne of a ryott, 60/.

" 1 July 151 1. 3 Hen. VIII. Henry Bourghcher Erie of EfTex and John Fortefcue
of Pundefborne in the Countie of Hertford Efquire are bound by an obligation to pay
m'oxiij" within two months."

It does not follow from the foregoing that Fettyplace, the Fortefcues, or Cole were
themfelves guilty of murder or riot ; but rather that fines were laid on their eftates, for the
harbouring of malefactors by themfelves or their tenants.

In June, 1512, John "of Herts" (as he is often called) was, with his brother, Sir
Adrian, " among thofe who agreed to fend a certain number of men to ferve the King's
grace by land;"7 and accordingly, on the 13th of April, 15 13, thefe two brothers "are
appointed to pafs the fea in the middle ward with 50 Archers, and 50 Bills, to be fhipped
from Dover, or Sandwich."" Their " protection for going to the war " is dated May 6,
1513/ and they are afterwards placed " in the King's Ward." 10

1 Pat. Rolls, 10 Hen. VII. Leland's Itinerary, iv. p. 19.
3 Burke's Commoners, ii. 441.
5 Clofe Roll, 5 Hen. VII.

7 Letters and Papers, Hen. VIII., vol. i. No. 3231.
9 Ibid., 4017, 4018.

1 Vilitation of Devon, 1564.

1 [nq. P. M. 16 Hen. VII.

< Brit Mus. 21,480, Hen. VII. Accounts.

8 Ibid., No. 3890 and 3980.

10 Ibid., 4307.

248

Family of Punjborne, etc.

John of Herts,1 having firft made his will, proceeded to France.

The " Chronicle of Calais " records that King Henry VIII. " landed at Calais on the laft
day of June, and with him landed (among others) Ser John Fofkew ; " 2 and he is in " the
Lift of Noblemen 3 with their retinues that went over to Calais with the King," appearing
there as attended by fifty men. He was at this time a Squire of the King's Body.4

The object, of this expedition was to make war againft Louis XII.; and its principal
events were the fiege and taking of Terouenne, the Battle of the Spurs, and the taking of
Tournay, with which the campaign clofed, in O&ober of the fame year (15 13).

Sir John Fortefcue returned foon to England, for he was, on the 9th of February
following, a "Juftice of Goal Delivery at St. Albans." 5 We do not hear more of him
until his death, which took place on the 8th of Auguft, 1517, except that he was at the
King's banquet at Greenwich, on the 7th of July,6 a month before he died.

He was a married man in the year 15 10, for the will of Sir Thomas Tyrell,
of Eaft Hordon, in EfTex, made in the latter year, provides " that if Sir John Fortefcue
and his wief dye without yffue the reverfion of the manors of Falkborne and Moche Teye
in the County of EfTex, mall remain to my fon Thomas and his heirs."7 His wife was
Philippa Spice,8, born in 1484, daughter and heir of Humphrey Spice, of Black Notley,
in EfTex, fon of Clement Spice, of that place, by Alice Montgomery. This lady had a
fifter, alfo Alice, who, as we have feen, married the elder of the two brothers Sir John,
fons of Sir Richard Fortefcue, of Ponfbourne. They were daughters of Sir John Mont-
gomery of Falkborne, Knight of the Bath, and were co-heirs to their brother, Sir
Thomas Montgomery, born in 1434, called by Morant " one of the moft eminent men of
his time, much in favour with Edward IV., who made him a Knight of the Garter and em-
ployed him in embaffies and affairs of the greateft confequence." He had very large eftates
in EfTex, which, upon the death, without ifTue, of his fifter, Alice Fortefcue,9 centred in the
granddaughter of his fifter, Alice Spice, that is to fay, in Philippa Spice our prefent fubject,
who, Morant fays, brought to her hufband "a very great eftate," although fhe did not
inherit her father's eftate of Black Notley. Through her Falkborne Hall came to her
hufband, and became the principal refidence of this family.

1 Inq. Poft Mort. 10 Hen. VIII. 2 Chron. of Calais, p. 13.

3 Letters and Papers, Hen. VIII. p. 632. 4 Ibid., 4249.

6 Ibid., 4742 6 Letters and Papers, Hen. VIII. vol. ii. 3446.

7 Dodfworth MS. 22, f. 1246, (in Regiftro), Fetiplace, fol. 21, Will proved 0&. 10, 1512.

8 Morant 's EfTex, ii. 123 and 116.

9 The ftatement of Morant and others, that Alice Fortefcue was the wife of Sir John Fortefcue, of Punf-
borne, and thus mother of John of Herts, is inconfiftent with the well-eftablifhed fact, that the mother of John
of Herts, and the wife of Sir John of Punfborne, was Alice Boleyn. The miftake has doubtlefs arifen from the
confufion caufed by two Sir Johns, brothers. Morant gives no authority for his ftatement. There is no doubt,
however, but that Alice Spice and her hufband, John Fortefcue, of Herts, became poflefied of all the Mont-
gomery eftates.

Family of Punjborne^ etc.

24.9

Philippa, the heirefs, furvived her hufband for many years. She re-married Sir Francis
Bryan,1 and was alive in 1534.

Sir John's iflue by his wife were three daughters, Anna,2 Ethelreda,2 and Elizabeth
married to Fox ;3 and one fon, Henry, born in 151 6,4 who fucceeded to the eftates of his
father and mother on their refpective deaths.

Henry Fortefcue's paternal eftates, as enumerated in the inquifitiones poft mortem held
at his acceflion to them, were : — Brokemanys, Ponnyfborne, Wynderige, Comeflowe Greene,
and Bayford ; with lands at Biftiops Hatfield, Little Berkhampftead, and Hertyngfordberry
in Hertfordfhire \" the manor of Trumpington, in Cambridgefhire the manor of Moore
Hall, in Eftex, with advowfon of the church there, being a grant to his grandfather, Sir J.
Fortefcue, on the attainder of Sir Richard Charleton.7 Alfo lands in Bedfordfhire, not
fpecified in the inquifition held at Woburn.8

Henry Fortefcue was, like his father and grandfather, a Squire of the Body to the
fovereign,9 his miftrefs being Queen Elizabeth.10 He was alfo a gentleman of the Privy
Chamber, and ferved in Parliament for Sudbury, in the ift of Elizabeth.11

He married, firft, Elizabeth, daughter of Sir William Stafford, of Bradfield,10 by whom
he had iflue, four fons and five daughters, as will be found in the Pedigree. Francis, the
eldeft, fucceeded him."

Of the five daughters, Dorothy,12 married, in 1554, Anthony Brydges, third fon of
John,13 1 ft Lord Chandos."

Henry Fortefcue's fecond wife was Mary,1'' widow of Sir Edward Darrell, and of Philip
Maunfell. By her he had one fon, Dudley,1'1 married, July 25th, 1 58 i,17 to Mary, daughter
of Robert Chane, widow of Robert Strongman, and died, September 1 2th, 1604, leaving iflue
a fon, Daniel, born July 24th, 1590, and two daughters.18

Dudley Fortefcue appears by the inquifition after his death to have married a
fecond wife, Martha. He was member of Parliament for Sudbury in the 35th
Elizabeth, 15 92. 19

1 Morant, ii. 117. * I„q. j>. |f, ,8th July, 18 Hen. VIII., at Hertford.

3 Arms and Ped. Devon Families. 4 Inq. P. M. 10 Hen. VIII.

6 Inq. P. M. at Hertford, 1 8th July, lo Hen. VIII.

Inq. P. M. lO Hen. VIII., 6th Auguft, at Caxton, and at Royflon, July 20th. fa me year.

7 Inq. P. M., July l 2th, lo Hen. VIII. at Chelmsford. 8 Ibid., 4th Nov. at Woburn.

9 Infcription on Tomb, Falkborne Church. 10 Ped. in Add. MS. (Brit. Mus.) 5937, fol. 75-

11 Willis, Not. Pari.

12 Stemmata Illuftria, by Sir Egerton Brydges, p. 101, folio, Paris, 1825. 13 See Morant.

14 For all Henry's ifiue, fee the Pedigrees in Brit. Mus., Add. MS., 5937. 15 Morant's EfTex, ii. 117.
16 Dudley Fortefcue left to his fon Daniel feveral eftates, including the manors of Clements and of Barons,
with lands in Hockley, Kochford, and Walley Hall, &c. ; as well as the manor of Brookman, in Herts. Clut-
terbuck, i. 452, and Morant's EfTex. Falkborne Rcgifler.

18 Inq. P. M., 15th Feb., 2 Jas. I. at Stratford Langthorne. 18 Willis, Not. Pari.

K K

250

Family of Pun/borne^ etc.

Henry Fortefcue, of Falkbourn, died October 6th, 1576. His tomb, with his figure on
brafs of half-life fize, is in the north fide of the chancel-floor of Falkborne church, with this
infcription : —

" Here lyeth the bodye of Henry Fortefcue one of the fowre Squires of the Bodye to
Queene Elizabeth, Lord and Patron of Falkborne, who married Elizabeth Stafford, by
whom he had Fower fons and five daughters ; and Dame Mary Darrell, by whom he had
one fonne, and ended his Life the fixt of October in the year of our Lord 1576."

On the other fide of the chancel are the tomb and brafs of his fecond wife, Mary Lady
Darrell, who furvived until October 7th, 1598.

In an Act of the 14th and 15th Henry VIII.1 there is this provifo, " That thefe acts of
authority given to the King our Sovereigne Lorde, be not hurtful to Henry Fortefcue
Efquire Sonne and Heir to John Fortefcue Efquire, Sonne and heir to Sir John Fortefcue
Knight nor to his heirs — nor to Sir Francis Bryan, to whom the King had granted the
cuftody of the body and lande of the faid Henry, as relating to landes and tenements that
were late Sir Richard Charleton's Knight." 2

Henry Fortefcue was fucceeded by his eldeft fon, Francis, born in 1546, who married
Dorothea, daughter and heir of Edmund Ford, of Hartinge, in Suflex, and died July 8th,
1 588/ leaving iflue, Edmund, his fon and heir, born in 1566; Henry, and Richard.
Edmund, the eldeft fon, fucceeded at Falkborne. He married, in the 26th of Elizabeth
(1583-84), Ifabella, daughter of Sir Edmund Huddlefton, and had iflue by her, a fon John,
born in 1585, " whofe Wardfhip and Marriage" was, in July, 1598, fold unto Sir John
Fortefcue, Chancellor of the Exchequer,4 for the fum of 30/. Edmund Fortefcue died in
September, 15 96. 5

John of Falkborne, his eldeft fon, had iflue, William, born in 16 13, and other children,
as the pedigree will fhow.

The above William fold Falkborne Hall and Manor, about 1637, to the Bullock family,
in whofe pofleflion it ftill remains (1865).

The Manor of Ponfborne was alienated fooner. Clutterbuck6 fays that it came to
the Crown fome time after the 5th of Elizabeth, and was granted by her to Sir Henry
Cock. Moor Hall Manor was fold in 1592 ; 7 and it would appear from Morant's Hiftory
that all the Fortefcue eftates in Eflex and Herts were fold by Edmund, John, or William
of Falkborne.

I have not been able to trace any defcendant of the family nearer than the Salden

1 Statutes of the Realm, 10 vols.

3 Inq. P. M. 30 Eliz. and Vifit. Eflex, 1634.

5 Vifit. Eflex, 1 634, and Morant ; Falkborne Regifter.

7 Morant.

2 Morant and Clutterbuck, vol. ii. 348.
4 Court of Ward's entries, and Inq. P. M.
6 Hift. of Herts, ii. 349.

Family of Punjborne^ etc. 251

branch, after the above-named William,1 either through him or through Daniel, fon of
Henry of Falkborne by his fecond wife. The family feems to have rapidly and
completely difappeared from view, if not from exiftence. The old Manor Houfe of
Falkborne, near Witham-Junction, has been much added to fince it came to the poflellion
of the Bullock family. There is, however, at leaft one portion — a tower with rooms
adjoining — -which, as the owner, Mr. Walter Bullock, was good enough to inform me when
I vifited the houfe, is ufually affigned to the fifteenth century. The whole houfe is of
brick. The church is in the park, a few hundred yards from the houfe — a very plain
building. Its only Fortefcue relics are the two tombs with brafTes, before mentioned,
reprefented in the woodcuts.

Appendix to Chap. XII.

Abftraft of a Compotus of the Manor of Ingham, in Norfolk, in the 22nd year of Henry VII.
(a. d. 1506).

The paper roll is nearly feven feet long, imperfect at the beginning.

Sir John Fortefcue with whom his fteward, John Glavyn, here accounts, muft be Sir Adrian's
brother ; Sir John the elder, of Punfborne, having died in 1 500.

The roll appears to have belonged at one time to Peter le Neve, Norroy King at Arms, as his
autograph notes are in the margin.

It formed part of the Fenn collection of papers, fold by Meflrs. Puttick and Simpfon in July, 1866,
when it was bought by Meflrs. Boone, who allowed thefe extracts to be taken.

Endorfed: — Compotus recept' Jo. Fortefcue Ingham Manr. compot*

militis, a". 22 Hen. VII. . . . recep* Jo: Fortefcue,

mil. 22 Hen. VII. 1506.

Summa — quarteria ordei — eclxvij quart' vij Begins,
bus' dimid' denarii — xliiij/x. xiij*.
jd. ob\ viz. quarterium iijj. uijd.

Summa totalis recept' cum arreragiis, cxl//. ixj. ii]d. ob.

Idem computat in foedo Thome Sothertone comput' receptarum ibidem hoc anno ex Eodem
convencione fecum fa£ta hoc anno ...... iiij/'. computo.

Et folutus Johanni Jermy armigero pro focaliaabeo cmpta, ut patet in pede compotus

predicli anni precedentis ....... xiij*. iiij//.

Et folutus Johanni Sparke janitori ut patet in pede dicli compotus . . . djf. Ilije.

1 In D'Ewc's Autobiography, 2 vols. 8vo. London, 1845, vol. ii. 302, there is a letter to Thomas Clopton.
written by a "Dudley Fortefque," from Chilton, I lth February, apparently in 1642. This may be a fon ot
Daniel or of William. The letter begins, " Coline Clopton."

252

Family of Punjborne^ etc.

Several
entries re-
fpecling fag-
gots and fuel
follow.

Payments
for corn, re-
pairingcarts,
&c. follow.

Here follow
feveral en-
tries relating
to the car-
riage of
malt, beer,
&c.

Here follow
entries re-

Et folutus re&ori de Wraxham et aliis diverfis tenentibus ibidem pro firma xxxvj
acr' prati ultra xxvjs. retent' in manus dni pro eo quod rector predi£tus eft
computar6 cum domina pro diverfis redditibus et firmis annorum precedentium

Et folutus Thome Joynour de Smalburghe dccc fagotis et cc aftell focalium de
Smalberghe ufque Norwich ut patet in pede compotus predi6ti

* * # # # . * , #

Et folutus pro piffibus falfis ultra viij/r. folut' a0, proximo preced' ut patet in pede
compotus anni proxime precedentis . .....

Et folutus Willelmo Mader de Norwich chaundeler pro fa&ura ibidem candelarum
ibidem ad diverfos vices pro xx'1. dies capiend' per diem iiijd. ut patet in pede
compotus anni proximi precedentis ......

-X* 4t "X* "^S*

Et folutus pro j equo conduit' pro iij diebus pro Thoma ferviente coquine hoc anno
ut patet per billam predi£tam ......

Et folutus Johanni Taillor pro emendacione ij lex Quernes cum fa&ura ij butters et
alia ibidem hoc anno per billam predi&am .....

Et folutus cuidam molendinario pro moliacione lxxij quart' frumenti quarterium ad
u)d. hoc a°. pro expenfis hofpicii a xxiij die O&obris a0, xiij ufque viij diem
Aprilis tunc proxime fequentem ut patet per billam predi<5tam

Et folutus Priori de Ingeham pro expenfis fervientis domini ibidem cum aliis diverfis
expenfis et neceffariis per billam di<5ti Prioris penes dominum remanentem .

Et folutus pro iiij care£tis de lez firres emptis pro focalia et pro fornacio hoc anno
precii care6tae i\]d. ut patet per billam manu domini fignatam .

Et folutus reclori Ecclefie San£ti Martini per decimum gardini domini apud Norwicum

pro iijbus annis quolibet anno ij*. v]d. ut patet per billam predi&am

*******

Et folutus Johanni Glabyn, Senefcallo curiae domini ibidem pro anno ultimo preterito
ut patet per billam manu domini fubfcriptam ....

*******

Et in regard' fail' diverfis hominibus pifcantibus apud Smalburgh hoc a°. per manum
domini folut' ........

Et folutus pro j equo conducV pro domino Roberto capellano ad equitandum London
hoc anno .........

Et folutus pro cariagio diverforum eftafur, viz. j pipe et j hogfhede vini, iij pipas,
cum pifcibus et j hoggeftiede cum powder de Norwico ufque Yermouth hoc

anno .........

* * * * * . * *

Et folutus pro cariagio xxxviij quarteriarum brafurae de Ingeham ufque Norwicum ad
hofpicium domini ibidem cujuflibet quarterii ad i]d. et xiij quarter' de Smal-
burghe ufque Norwich predict' ad hofpicium predidrum et vij quarteriarum
de Kerftone, ufque Norwich ad hofpicium predi&um, quarteria ad ijd. hoc
anno . . .....

*******

xs.

xviiji.
iiij//.

vjs. viijd.
xijd.

iij iiijd.

xviijj.

cixs.

iijj.

vij j. vjd.

xiij*. iiij^.

vs.
xxd.

iijs. \)d.

ixs. viijV/.

Family of Pun/borne, etc. 253

Et folutus pro viij cades de Allec' rubiis emptis et provifatis pro hofpicio domini hoc lating to the

anno, precium cujuflibet cade, iij*. v]d. ..... xxviijx. making of

Et folutus pro viij barellis de Allic' albis emptis pro expenfis hofpicii ejufdem domini

hoc anno precium barelli, v)s. viijd. ..... liijj. iiijd.

********

Et folutus procmit de pifcibus falfis vocatis lynges emptis pro expenfis domini hoc

anno, precii ......... \xis.

Et folutus pro cc pifcibus falfis vocatis faltfiftier emptis pro expenfis hofpicii predicti

hoc anno precii cxxvjj. v'ujd. ...... \ii]s. uijd.

Et folutus pro expenfis Thome Sothertone equitantis pro pifcibus et allec' providendis

et habendis hoc a", ad diverfos vices et diverfa loca .... iij*. \xd.

********

Summa omnium allocationum, cvij//. xixr viy/. et debet xxxij//. ix*. vu]d. oh o^. De quibus Here follow

allocatur ei xxij*. iiij^. pro colledt' cclxvij quarteria vij,,u\ dimid' de diverfis tenentibus 'omt" entries

.... . . . ... .. . . _ . . . of payments

ibidem hoc a°. juxta ratum cujuflibet quartern, )d. Ft debet xxxj//. vijj. liijrf. ou q,. ma(je for

&C. &C. &C. barley, which

******** complete the

roll.

Inquifition taken at Woburn in the co. of Bedford on the 4"1 day of November 10 Henr. VIII.
before the jurors &c. who fay that a certain Sir Richard Charleton K'. was feifcd of the Manor of
Byworth in co. Bedford, &c. and that by a certain A£I of Parliam" dat. 1 Hen. VII. the faid Charlton
was attainted, &c. &c.

" Ac poftea di£tus nuper Henricus VII per literas fuas Patentes cujus datum eft apud Woburn xiij
die Marcii anno regni fui primo, de gratia fua fpeciali bona et laudabilia obfcquia que dile£tus et fidelis
ejufdem nuper Regis, Johannes Fortefcue tunc unus militum pro corporc fuo eidem nuper Rcgi tunc
tempora impendebat indiefque ex tunc impendere non defiftebat merito contcmplatus, inter alia dedit ct
conceflit eidem Johanni predidtum manerium de Byworth per nomen, &c."

After which the faid Sr. John Fortefcue was feifed of the faid Manor &C. and being fo feifed died at
Ponnyfborne in the Co. of Herts on the 28"' day of July 1 5 Hen. VII. after whofe deceafe it defcended
to John Fortefcue efq. as fon and heir of the faid Sr. John, after which, in the 20"' of Apr. A". 24 of
the faid King, a pardon de intrufione et tratifgrejjione &c. by Patent was granted by the name of John
Fortefcue Efq. of Ponnyfborn, Co. Herts, alias J. F. of Falborne, Co. Eflex, Efq. alias J. F. of
London, Efq. &c. &c.

John Fortefcue Efq. died on the 8"' of Auguft, A°. 9 Hen. VIII. and Henry Fortefcue is his fon
and heir male and of the age of z\ years.

Funeral Certificate.

TheWorfhypfull Henry Fortefcue of ft'alkborne in the Countie of Eflex Efquire departed this
Worlde at the faide howfeon Saturdaie the yj"'of October 1576 And was buryed on Monday the xv,hof

254

Family of Punjborne^ etc.

the fame in the faide Churche. The faide Henry maryed to his firft Wyff Elizabeth the Dowghter of

StafForde in barkfliere Efqwyer & by her had yffue ffrauncys his eldeft Son & heyr John his

fecond fon George his thyrde fon & Katheryn Anne & Dorothye. And after Maryed to his fecond
wyff Dame Mary Lady Darrell & by her had yffue Dudley a Son. The executor appointed by the
laft will and teftamentof the faide Henry ffortefcue was the Lady Darrell his wyff. The Offycer that
ferved at the faide buryall was Richard Turpyn ah Wyndfore heraulde of Armes.

Sir Adrian Fortefcue.

255

CHAPTER XIII.

The Forte/cues of Salden.

HE above defignation of a fub-branch of the Puniborne family, originating with
Sir Adrian, fecond fon of Sir John Fortefcue of Puniborne, has been taken from
their principal feat, although it was not poffefled by Sir Adrian, but was acquired
by his eldeft fon, Sir John, in addition to lands in Gloucefterfhire, and poffibly in Oxford-
mire, left to him by his father.

Sir Adrian Fortescue.

Sir Adrian Fortefcue was born about the year 1476. 1 There is no mention of him
until October, 1499, wnen ne ls referred to as already married, his wife being Anne Stonor,
daughter of Sir William Stonor, of Stonor near Henley-on-Thames, in Oxfordshire, filter
and afterwards heir to John Stonor, who had married, in 149 5," his filter, Mary Fortefcue.
Her mother was the Lady Anne Neville, eldeft daughter of John, Marquis of Montagu,
brother of Richard, Earl of Warwick, the " King-maker." She became, by the death of her
brother, George, Duke of Bedford,1 one of his co-heirs.' In 1 503, at the creation of Prince
Henry, now the King's eldeft fon, as Prince of Wales, Sir Adrian was created a Knight of
the Bath.3 In the fame year he and eleven knights and gentlemen of Oxfordshire were
named commiffioners for levying two aids for Henry VII.; one on the occafion of the
marriage of his eldeft fon, Prince Arthur, now dead, a marriage by which the hiftory of the
Reformation was fo much affected; and the other for the marriage of the King's daughtet,
Margaret, to the King of Scotland, through which the Houfe of Stuart" came to the crown
of England. In 1504 and 1505 he is returned, with his brother John, as fined for "a
riott."7 In 1509 and 1 5 10 he purchafed an eftate in Hants from Edmund Dudley." In
151 1 he is put into the commiruon of the peace for Oxfordshire. 11 From this and other
entries, it is probable that he, foon after his marriage, refuled principally at Stonor, his wife's
family feat in that county. Leland, almoft a contemporary, defcribes it in his Itinerary,10

1 A " Liccntia ingrcdiendi " to Adrian Fortefcue and Anne his wife, dated Oc"t. l ~th, 1 499. fhows that he was
then married, and (it may be aflumcd) at leaft twenty-one years old. Pat. Rolls, 15 Hen. VII.

2 Pat. Roll, IO Hen. VII. 1 Burke's Commoners, " Stonor." * Pat. Roll, O. 23 Hen. VII.

• Lodge, Biog. Brit. iii. p. 2001. 6 Rolls of Parlt. vi. p. 538. 7 Hen. VII. Accounts, f. 105, 127.

8 Letters and Papers, Hen. VIII., 1212 (Calendar of), and Pat. Rolls, 24 Hen. VII.

9 Letters and Papers, Hen. VIII., 1470. 10 Leland's Itinerary, vii. 67.

256

Family of Salden.

as " a three miles out of Henley. There is a fay re Parke and a warren of Connes, and
fayre Woods. The Manfion Place ftandeth clymbing on an Hille, and hathe two courtes
builded with Timbar, Bryke, and Flynte."

About this time the young King Henry VIII. joined with Ferdinand of Spain, the
Emperor Maximilian, and Leo X., to check the progrefs of Louis XII. in Italy, he having
feized the Duchy of Milan, and threatened the Papal States. In accordance with the treaty
Henry proceeded to collect an army for the invafion of France through Calais, and Sir
Adrian was one of thofe who agreed to raife men for it. He accordingly, with his brother
John, collected fifty archers and fifty bills, and was appointed to crofs the feas in " the
Middeward," although they both belonged to "the King's ward" of the expedition. " The
Mawdelen of Pole" was the {hip which was to carry them. It would appear, however, that
the two Fortefcues remained with their own divifion, becaufe they did not go with either of
the other two who had preceded them, one under the Earl of Shrewsbury,1 and the other
under Lord Herbert, and did not land in France until the end of June, 15 13, when they
appear in the <£ Lift of Noblemen" who went with the King to Calais " with the number of
their retinues," fifty men attending each of them. The two brothers carried their banners,
with their arms thus emblazoned : —

A Dejcripion of the Standards borne in the Field by Peers and Knights, in the reign of
Henry VIII., from a MS. in the College of Arms, marked I. 2,
compiled between the years 15 10 and 1525.

Mayfter John Forte/cue.2

Vert, A an heraldic tiger paflant Argent, maned and tufted Or, with two antique fhields
Argent, each charged with the word "fort," and four mullets pierced Sable; B a fimilar
fhield between two mullets ; C a fhield and three mullets as before.

Motto. — Je penfe loyalement.

Arms. — Quarterly, I. and IV. Azure, on a bend engrailed Argent, cottifed Or, a
mullet pierced for difference ; II. and III. Argent, fretty Sable, on a chief . . . three
rofes Gules. An efcocheon of pretence, Quarterly, I. and 4. Argent, on a chief dancette,
Azure three martlets Or ; 2. and 3. Gules, a chevron Ermine between three fleurs de lis
Argent.

Syr Adryan Forte/cue.

Vert, A an heraldic tiger paflant Argent, maned and tufted Or, charged on the
moulders with a crefcent Sable between, in the dexter bafe and finifter chief, two antique

1 See Letters and Papers, Hen. VIII. vol. i. and Turpin's Chronicle of Calais, for thefe dates and entries.

2 This was Sir John Fortefcue " of Herts."

Sir Adrian Forte/cue.

257

fhields Argent, each charged with the word "fort," and three mullets alfo Argent, charged
with the crefcent as before ; B the fhield and mullet ; C the fhield and three mullets, as before.
Motto. — Loyalle Penfee.

Arms. — Quarterly, [. and 4. Azure, on a bend engrailed Argent, cottifed Or, a mullet
Sable ; 2. and 3. Argent, fretty Sable, on a chief .... three rofes Gules ; in middle
chief point a crefcent for difference. An efcocheon of pretence, Quarterly of five grand
quarters, two in chief, and three in bafe ; I. Azure, two bars dancette Or, a chief Argent ;

II. Quarterly, I. and 4. Gules, a faltire Argent, with a label of three points ; 2. Argent, a
fefs fufilly Gules; 3. Or, an eagle difplayed Vert ; in fefs point a crefcent for difference;

III. Gules, a crofs engrailed Argent ; IV. Argent, a faltire engrailed Gules ; V. Argent, on
a Canton a cinquefoil.

The ftiort campaign which enfued, although barren of lafting refults, was a brilliant one.
The ftrong places of Terouenne and Tournay fell ; and at the " Battle of the Spurs," under
the walls of the former, the French cavalry, 10,000 in number, fled in a panic before a fmall
force of Englifh and Germans ; and by the end of October Henry was again in England.

Sir Adrian was a Gentleman of the King's Privy Chamber, but the date of his appoint-
ment is not known. In July, 15 17, he was at a royal banquet at Greenwich, of which a
defcription remains among the State Papers of the period, when he was in the King's retinue,
with Lord Edward Howard, Sir Edward Hungerford, Sir Walter Stonor, his own brother
Sir John, and many more.1

In 1 5 1 8 his firft wife died; "on the 14th day of June anno 10, Henry VIII. then
Monday, at Stonor, my wife the Lady Anne Fortcfcue died." Such is the entry in his Book
of Accounts which has come down to us.

She was buried at Pyrton Church, clofe to Shirburn, where afterwards Sir Adrian lived.
He does not appear to have intended that the body fliould finally reft there, for we find, in
the next year, minute details of a marble tomb ordered from " the marblars of CorfF, like unto
Sir Robert Southwell's tomb in the Cloifter of the Black Friars in London," to be finifhed
by "the marbelars in Powles Churchyard, with pictures, writings, and armys gilt," after the
rate of Sir Thomas of Parre's tomb ; and that the faid tomb was carried by water to the
Priory of By (ham in Berkihire, to the church of that celebrated houfe. Here, after fcven
years from her death he laid his wife among her anccftors, the Montacutes Earls of Salifbury,
Richard Neville the King-maker, her grandfather's brother, and her grandfather himfelf,
the Marquis of Montague. The removal took place on the " laft day of March in the
1 6th year of King Henry VIII." (1 525).

1 For the foregoing dates and facls, fee Letters and Papers, Hen. VIII. ; Chrotvcle of Calais, pp. 1 1 and 13 ;
Lingard's I lift. ling. vi. chap. i. ; infcription on portrait of Sir John I 'ortcfcuc of Salden.

L L

258 Family of Salden.

The total coft of the tomb and ceremony of removal was 87/. fs. $d. — a large fum if it
muft be multiplied by fixteen to bring it to the prefent value of money.

Lady Fortefcue's remains, however, did not reft finally in their new place of depofit.
The religious troubles of the Reformation foon after began, and in 1 538 the old Priory did
not efcape the fate of other monafteries, and was diflblved. Upon this, which Sir Adrian
calls " the rafyng of Byfham Priory," he again removed the body, fearing, perhaps, the
defecration of the church where it lay, which, however, did not take place. They were taken
back to the neighbourhood of Stonor, although not to Pirton, and were finally depofited in
Brightwell-Baldwin Church, two or three miles diftant from it.

We find from the minute details extant in the accounts that thefe ceremonies took place
at night : the coffin being carried in its "hearfe" on a horfe-litter, attended by numerous
torch-bearers, and followed, at the firft burial, by 656 poor perfons, who received each their
penny doles, and by more than 300 others.

At each church patted on the way the clergy met the corpfe with lighted tapers, chanting
dirges, and then celebrating mafies in their churches. Forty-two priefts at Byfham affifted
at the mafs, and at Pirton a funeral fermon was preached, for which the preacher received a
prefent of io/.1

The " months mind " was duly performed, in July, 1 5 1 8, by the devout knight, who
expended ill. os. 6d. on fifteen mafies in one day at Pirton Church and Stonor Chapel, as
well as at the Savoy, where he himfelf was at the time. At the two former places fifty-
two priefts were engaged in the fervices.

Brightwell was in the gift of Sir Adrian and of his wife, who we find prefenting to it
thus : —

Memorandum in the Will Book No. 152 8- 1543 at the beginning.

M. Nichus Bradbrige in artibz magr. prejentatus per probum virum Adrianium Ffortejcu et
Annam uxor ejus filiam et heredem Wilm St oner mi litis defunfti ad ecclefiam parochialam de
Brightwell Bawdewyn per mortem dni Johns Porter ultimi refloris ejufdem.

He was not allowed to remain in undifturbed pofleflion of his late wife's inheritance. For
fome years before her death, that is to fay, almoft as foon as, by her brother's death, fhe
had fucceeded to the eftates of her father, her right to them was difputed by her uncle
Thomas Stonor as heir male; and now, when at her death Sir Adrian 2 claimed them "by the
courtefy of England for his life," and afterwards for his daughters Lady Wentworth and the
Countefs of Kildare, the difpute became more bitter and violent between him and Sir Walter

1 See the accounts in Appendix.

2 Act of Award, Fortefcue and Stonor, 28 Hen. VIII. c. 36, a. d. 1 536, in Statutes of the Realm, vol. iii.
p. 690.

Sir Adrian Forte/cue.

Stonor, fbn of Thomas before-named. His fortune was impoveriflied, and his life difturbed
by many " riotts, aflaults, and affrayes" between his followers and thofe of theoppofite party,
and it was not until after fixteen years of contention that the queftion was fet at reft.

In the year 15 19 this entry occurs in the items of the "firft yeare's mynde " for his wife
at Pirton : — " For 36 Skochyns of armys both in metall and colours, grett and large to give
to dyvers Chirches in the country."

Early in the year 1520 1 Sir Adrian was appointed by Henry to accompany him and
the queen to France on their expedition to meet Francis I. in the Marches of Calais, at
Guifnes,

The following fummons mows that he was one of the knights who were efpecially to
attend the queen. Among his colleagues were Sir Walter Stonor, the claimant of his eftate,
and Sir William Rede his future father-in-law, with feveral befides. The gorgeous feftivities
which attended this famous interview on " the Field of the Cloth of Gold " are too well
known to be repeated here ; a very graphic account of them will be found in Holinfhed.

Henry VIII. to Sir A. Forte/cue. 15 20. 2
Henry.

Right trufty and well-beloved, we greet you well. And whereas, this year laft paffed,
after conclufion taken betwixt us and our right dear brother, coufin, confederate, and ally
the French King, as well for firm peace, love, and amity, as of alliance by way of marriage
(God willing) to be had and made betwixt our deareft daughter the Princefs and the
Dolphin of France, a perfonal meeting and interview was alfo then concluded to be had
betwixt us and the faid French King ; which, upon urgent confiderations and great refpects,
was by mutual confent for that year put over and deferred ; fo it is now, that the faid French
King, being much defirous to fee and perfonally to fpeak with us, hath, fundry times by his
ambafladors and writings, inftantly defired us to condefcend to the faid interview, offering to
meet with us within our dominion, pale, and Marches of Calais ; whereas, heretofore,
femblable honour of pre-eminence hath not been given by any of the French Kings to our
progenitors or anteceffors ; we therefore, remembering the manifold good effects that be, in
appearance, to enfue of this perfonal meeting, as well for corroboration and allured eftablifh-
ment of the peace and alliance concluded betwixt us, as for the univerfal weal, tranquillity,
and reftfulnefs of all Chriftendom ; taking alfo consideration to our former conventions, and
the great honour offered unto us by the French King for the faid meeting within our

1 Rymer Foedera, vol. vi. part i. 182 ; and Chron. of Calais, p. 24.

2 The Letter is endorfed "To our trufty and well-beloved fervant Sir Adryan Fortefque, Knight." The
two or three laft lines of the original are burnt off Cotton MS. Caligula D. vii. Art. 1 18.

260

Family of Salden.

dominion, have condefcended thereunto accordingly ; the fame to be, God willing, in the
month of May next enfuing.

And, inafmuch as to our honour and dignity royal it appertaineth to be furnifhed with
honourable perfonages, as well fpiritual as temporal, to give their attendance upon us at fo
folemn an acl as this mall be, for the honour of us and this our realm, we therefore have
appointed you, amongft others, to attend upon our deareft wife the queen in this voyage,
willing therefore and defiring you not only to put yourfelf in arreadinefs, with the
number of ten tall perfonages well and conveniently apparelled for this purpofe to pafs with
you over the fea, but alfo in fuch wife to appoint yourfelf in apparel, as to your degree, the
honour of us and this our realm, appertaineth. So that you, repairing unto our faid deareft
wife, the queen, by the firft day of May next enfuing, may then give your attendance in her
tranfporting over the sea accordingly ; afcertaining you that, albeit you be appointed to the
number of ten fervants to pafs with you (as is above faid), yet, neverthelefs, inafmuch as at
your arrival at Calais you fhall have no great journey requisite to occupy many horfes, you
mail therefore convey with you over the fea for your own riding, and otherwife, not above
the number of three horfes. Howbeit, our mind is not to reftrain you to the faid precife
number of fervants and horfes for your own journeying unto our faid wife and accompanying
her to the fea-fide, which thing we leave to your arbitrement ; but only afcertain you of that
number of fervants and horfes.

But before Fortefcue with the " ten tall perfonages " of his fuite had left England in
obedience to thefe commands, he received a fecond King's Letter requiring his attendance
at Canterbury to affift at the reception of the Emperor Charles V., who, anxious to
prevent the meeting of the French king and Henry, announced his intention to vifit his
Uncle on his voyage from Spain to the Low Countries. He landed at Dover on the
twenty-fixth of May, and remained at Canterbury until the thirty-firft of that month,
having failed in the immediate objecT: of his vifit, for on the fame day on which he left
Sandwich for Flanders, King Henry and his Queen croffed from Dover to Calais to fulfill
their engagement with Francis.1

The letter is here given : 2 —

Henry R. By the King

Trufty and welbeloved we grete you wele, And whereas or derreft broder Coufyn and
good Nephieu Thempor mynding to vifite and reaforte to his Regions and Countreys of
Spayn intendith alfo for the entire love affiance and fingular affeftion that he berith and
hath in and to us w' in brief tyme not onely to take this or Realme in his way and to fee
and falute us, but alfo to coTcate al his affaires w' us for knowledge of or advice and counfail

Holinfhed, vol. iii. 645.

2 Brit. Mus. Cott. MS. Vefp. C.L. fo. 299.

Sir Adrian Fortefcue.

in the fame, we taking regarde to the faid Empors gratitude in that behalf and considering
the proximite and nernes of blood wherin he is to us wyved wl the auncient confederacions
and amyties that alwayes heretofor hathe bene eftablimed and firmely contynued betwext the
houfes of Englande Spayne and Burgoyn, be determyned not oonly to receyve the faid
Empor in mooft honorable maner as to his dignitie and aftate imperial it appteynith, But
alfo to entertayne him w' comfortable chere during his abode within or faid Realme. And in
as much as it is requifitie we fhuld be honorably accompanyed at that tyme wl or lordes and
nobles bothe fpuall and temporall as wel for his cherefull and princely receyving as to con-
duyte him from place to place for the fame and renonie of or faid Realme, We therefor
have appointed you amongft other at that tyme to gyve yor attendaunce upon us. Wherefor
we woll and defire you not onely to put yor felf in fuch redynes of apparail and otherwife as
to yor degre appteyneth, But alfo to order you in fuch wife that ye may be w' us at Caun-
terbury the xxvijth day of Aprill next coniyng for gyving of yor faid attendaunce upon us
accordingly, Not failing to doo al excufes put aparte, As ye tender the honor of us and this
or Realm, Yeven under or Signet at or manor of New Hall the iiijth day of Aprile.

Md. After ye p'paracon herefor I was comaunded to go to ye fee wnder my lorde admy-
ralle wher we were and or lordes xxi. wekes.1

Addrejfed— To our trufty and welbeloved f'vat
Sir Adriayn Fortefcue Knight.

The alliance between the two monarchs fo oftentatioufly celebrated at Guines did not
long continue. Both the King and his Minifter Wolsey had objects of ambition which
could be forwarded only by fupporting Charles V., for Henry had claims upon the
French Crown, and the Cardinal afpired to the Papacy. Henry therefore before he left
the Continent repaired to Gravelines to return the vifit of the F.mperor, and there, by a
fecret treaty, a marriage was arranged between the latter and the Princefs Mary, the heirefs
prefumptive to the Englim throne.

In 1522 England and France were again at war; and in July of that year the Earl of
Surrey left the Calais Marches for Picardy with a large army ; Sir Adrian accompanying
him as one of his principal officers.2

The campaign pafTed over without a battle ; the Duke of Vendome finding his forces
too weak to oppofe the Englifh, or to protect the country from their burnings and devalua-
tions. They took " many towns and caftles," including Braye and MontdiJier, returning
to Calais and to England in October.

1 This fentence is written in a different hand, probably that of Sir Adrian. 2 Chron. of Calais, p. 32.

262

Family of Salden.

Sir Adrian's name occurs once more in connection with the French wars. He may have
held his Oxfordfhire eftates under conditions of military fervice ; at all events, in 1528, he
received " Letters under the King's fignet," 1 thus :—

Henry R. By the King.

Trufty and welbeloved we grete you wele, And forafmoche as the warres whiche longe
have Contynued betwene thempor and the Frenfhe King bee now fa quykened and w' effect
porfued on either partie, that dailly exco'fes bee made upon their frontiers, and the garnifons
on booth fides largely fornyfhed and encreafed, in fuche wife as Rodes and other enterprifes
bee dailly made by the oon and the other in greate nombres al alonges and foranempft the
frontier of or towne and rrfches of Calais, and right nere unto or Caftell of Guyfnes, wherby
no fmall damage migh enfue unto the fame or Caftell, and femblably unto or faid towne and
mrches, And in caas there be nat fpeciall regarde had to the furniture fuertie and defenfe
therof, We therfor by deliberat advice of or Counfaill have ordeigned and determined to
fende a certain crewe of men wele elect and chofen unto or faid towne, caftell and mrches,
the fame to bee under the leading of or right trufty and welbiloved Counfaillor the lord
Sandes our Chamblain and Captain of or faid Caftell of Guyfnes, there to remaigne for a
feafon upon the tuicion and defenfe of the fame. To which Crewe we have appointed you
to fende the nombre of x perfonnes fotemen archers and others to bee wele elect and
tryed as is aforefaid, wherefor, we will and comaunde you that wl all fpede and celerite upon
the receipt herof, ye prepare and putt in aredynes yor faid nombre fufficiently harneifed
and apointed for the warre, In fuche perfite haft as they maye bee at Guyldeford the iijth daye
of the next moneth, there to bee viewed by the faid lord Sandes, oonles ye fhall before that
tyme have from hym knowlege to the contrary, where alfo money fhalbe delyvered to
fuche a perfonne as ye fhall appointe for their coftes and conduyte money, So to paffe forth
under fuche captains To whome they fhalbe letted to or faide towne and mrches for the
porpofe before faid, Faile ye nat therfor to ufe diligence herin as or truft is in you, Adver-
tifing the faid lorde Sandes incontinently by this berer of yor conformable mynde herin. And
thefe or fares fhalbe as well unto you, for levyeng raifing gathering muftring viewing arraying
and fending of yor faid nombre, as to them fo by you levied raifed gathered muftred viewed
arrayed and fent as fufficient warraunt and difcharge, as though the fame were paffed under
or greate Seale, any act ftatute proclamacion ordennaunce or commaundement paffed to the
contrary not w'hftanding. Yeven under or Signet at or manor of Richemont the firft day of
Aprill the xixth yere of or reigne.

Addrejfed — To or trufty and welbeloved
Sr Adryan Fortefcue.

1 Chron. of Calais, 205, from Cotton MS. Fauftina, vii. p. 113.

-tt^^a* <*p&^n4 -t$&t ^^^^^

(^^Ar^Sy- ct>m|^g|^ ^^&n^^j^hiS

Autograph of Sir Adrian Fortescue
from his transcript of the treatise "j)e Dominio'l Bodl. lib.

Sir Adrian Fortefcue.

263

About 1 530 Sir Adrian married his fecond wife, me being about twenty years old and
he at leaft fifty. This was Anne, daughter of Sir William Rede, or Read, of Boarftall in
Buckingham/hire, of an ancient family there.1

The College of Arms Pedigree makes Anne Reade to have been the widow of Sir Giles
Grevill, but I think this is an error, becaufe fhe could not have been more than twenty-one
years old, being born in 15 10, when fhe married Sir Adrian ; and alfo becaufe on her monu-
ment at Welford two hufbands only are mentioned, viz., Fortefcue and Parry.

She bore him three fons, John, Thomas, and Anthony ; and two daughters, Mary and
Elizabeth, of whom we mall write in their proper places. Sir Adrian feems, during this
period and for the reft of his life, to have refided chiefly in Oxfordfhire, where we find him
continued in the commiffion of the Peace, either at Shirburn or Stonor Place, with occafional
fojourns at his houfe in London "at the Black Friars."

A manufcript volume in his handwriting, with the date of 1 532, remains to mow that he
had literary taftes, and that he admired the works of his great-uncle the Chancellor. Part
of its contents is the treatife " On Abfolute and Limited Monarchy." It was from this copy
that Lord Fortefcue of Credan, two hundred years later, printed the work for the firft time.
Preceding the former in the volume is a large part of the old poem of " Piers Ploughman,"
and at the end a collection of proverbs and moral fentences, which is here given : —

Many man makes Ryme and lokcs to no Reafon.

A King fekant treafon, mall fynde it in his lond.

Trow not to the bondc, that ofte hath ben broken.

A foole when he hath fpoken, hath all doii.

A budde have5 yroii fhounc, that bydes elke mans dcdde.

When the fawte is in the hedde, the mcmbre is ofte fikke.

A woman gyf fhe be myke, is evill to knowe.

Many one glowes ' the lawe, ofte again the pore.

Who fpendes his gude on a hore, hath bothc fkathe & fham

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "A history of the family of Fortescue in all its branches"

See other formats